Legal Question in Criminal Law in Pennsylvania

Posted Pictures

My ex-boyfriend sent nude pictures of me to another one of my ex-boyfriends through email. He has also threatened to send these pictures to people with whom I graduated high school. Is there anything I can do?


Asked on 4/01/07, 1:02 am

2 Answers from Attorneys

Brian Zeiger Levin & Zeiger LLP

Re: Posted Pictures

You could sue him.

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Answered on 4/01/07, 7:12 am
John Gibson John W. Gibson, Esquire

Re: Posted Pictures

The other answer is correct. The suit would be for invasion of privacy under Pennsylvania Law.

You may want to tell your ex that this is also a federal crime. The statute is at Title 18 of the U.S. Code at section 1801 and the crime is called video voyeurism and provides that:

"(a) Whoever, in the special maritime and territorial jurisdiction of the United States, has the intent to capture an image of a private area of an individual without their consent, and knowingly does so under circumstances in which the individual has a reasonable expectation of privacy, shall be fined under this title or imprisoned not more than one year, or both.

(b) In this section�

(1) the term �capture�, with respect to an image, means to videotape, photograph, film, record by any means, or broadcast;

(2) the term �broadcast� means to electronically transmit a visual image with the intent that it be viewed by a person or persons;

(3) the term �a private area of the individual� means the naked or undergarment clad genitals, pubic area, buttocks, or female breast of that individual;

(4) the term �female breast� means any portion of the female breast below the top of the areola; and

(5) the term �under circumstances in which that individual has a reasonable expectation of privacy� means�

(A) circumstances in which a reasonable person would believe that he or she could disrobe in privacy, without being concerned that an image of a private area of the individual was being captured; or

(B) circumstances in which a reasonable person would believe that a private area of the individual would not be visible to the public, regardless of whether that person is in a public or private place."

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Answered on 4/02/07, 3:16 pm


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