1. #1
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    Can nude pics be taken without consent?

    Hi everyone,

    I have a question that I'm too embarrassed to call my local police station about because I know the dispatcher and a few officers and I don't want this information to get out.

    A week ago I spent the night with an ex-boyfriend and the next morning we got into a bit of an argument about a reconcilation. Anyway, to make a long story short, after I left he was still mad at me, and he sent pictures to my cell phone- they were pictures that he had taken of me while I'd slept and they were NOT consensual. Now he is mad because I won't return his calls because I was so upset about that and he is threatening to send those pictures to people that we know.

    I want to do something to prevent this (i.e., contact police) but first I wanted to make sure that he definitely has broken the law because I don't want to go through the embarrassment of people finding out about this (I'm from a very small town) unless the law can actually do something about it.

    Thank you in advance for any information you may have to offer.

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    Why don't you call a Police Station that is not close to your town and ask them? We can sit here and speculate but only officers working in Iowa are the one's that are going to know their state's law about it.
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    Emotional blackmail. This is rarely reported so most cops wouldn't have enough experience to give an opinion. Contact the prosecuting attorney in your area, whether it be the City Attorney or District Attorney and run it by them. Another resource would be a free legal service, such as Legal Aid. With all due respect, your "ex" sounds like a real piece of work and needs to remain an "ex".

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    Quote Originally Posted by pinkcashmere
    Hi everyone,

    I have a question that I'm too embarrassed to call my local police station about because I know the dispatcher and a few officers and I don't want this information to get out.

    A week ago I spent the night with an ex-boyfriend and the next morning we got into a bit of an argument about a reconcilation. Anyway, to make a long story short, after I left he was still mad at me, and he sent pictures to my cell phone- they were pictures that he had taken of me while I'd slept and they were NOT consensual. Now he is mad because I won't return his calls because I was so upset about that and he is threatening to send those pictures to people that we know.

    I want to do something to prevent this (i.e., contact police) but first I wanted to make sure that he definitely has broken the law because I don't want to go through the embarrassment of people finding out about this (I'm from a very small town) unless the law can actually do something about it.

    Thank you in advance for any information you may have to offer.
    So was he your ex-boyfriend before or after you went over to his place and slept nude in his house???

    You do need to contact a LEO from at least your state as they would be the ones that would know.
    You get in life what you have the courage to ask for.


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    Quote Originally Posted by pinkcashmere
    Hi everyone,

    I have a question that I'm too embarrassed to call my local police station about because I know the dispatcher and a few officers and I don't want this information to get out.

    A week ago I spent the night with an ex-boyfriend and the next morning we got into a bit of an argument about a reconcilation. Anyway, to make a long story short, after I left he was still mad at me, and he sent pictures to my cell phone- they were pictures that he had taken of me while I'd slept and they were NOT consensual. Now he is mad because I won't return his calls because I was so upset about that and he is threatening to send those pictures to people that we know.

    I want to do something to prevent this (i.e., contact police) but first I wanted to make sure that he definitely has broken the law because I don't want to go through the embarrassment of people finding out about this (I'm from a very small town) unless the law can actually do something about it.

    Thank you in advance for any information you may have to offer.
    I am not sure about that, but it should be against the law to be STUPID
    I forget the name of the website, but there is one out there where people put nude pictures of their ex's on there as revenge.

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    This thread is worthless without pictures.


    OK, seriously, in VA it is against the law to photograph, without consent, any person in a state of undress. I believe that it is a class I misdemeanor. It may be hard to prove unless you were obviously asleep in the photos and yes, the officers and prosecutors would need to see the photos as evidence.
    "there is no hunting like the hunting of man and those who have hunted armed men long enough and liked it, never really care for anything else thereafter." Ernest Hemingway

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    I would suspect that you have a reasonable expectation of privacy if you were inside the house when the pics were taken. You probably dont have any legal standing against him (the ex) for taking the pictures, since you were there voluntarily. But your expectation of privacy would probably expand to include that although you didnt mind Him (the ex) seeing you nude, you didnt expect him to post/send pics to other people. Then again, this is strictly me talking about something I know absolutely nothing about.

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    Quote Originally Posted by My Gluttony
    I am not sure about that, but it should be against the law to be STUPID
    I forget the name of the website, but there is one out there where people put nude pictures of their ex's on there as revenge.
    OK, I rember the website now..It is called "revenge world". I dont have a link to it, but people say some very nasty things about their ex's on theire and post pictures.

    I thik somebody sued somebody over that, but I dont know what happened with it.
    You should check the website and then call the cops if he put the pictures up there. Maybe they can do something in your state

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    Quote Originally Posted by My Gluttony
    I thik somebody sued somebody over that, but I dont know what happened with it.
    You should check the website and then call the cops if he put the pictures up there. Maybe they can do something in your state
    There was a lawsuit that came out of that site which i believe was successful. You could take the matter before civil courts in a lawsuit if you can prove he sent the pictures (to your friends and family). Contact your local police station in the very near future (before he does leak any photos) and make a report of it. I wouldn't bother sifting through that website, it makes no difference in the fact that he is threatening you.

    Lastly you shouldn't be the one embarassed, he should, another feature to why you refer to him as ex i'm sure.

    Edit: after edit, after edit....time for a break...
    Last edited by Mirrain; 07-04-2006 at 11:18 PM.

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    I appologize for this answer ,---------------Buttttttt,gota do it________could you send us a copy of the pics?????? Purely in the sense of evidence collection Sorry,slow shift tonight,too many 12 oz.
    Sleeping Giant. They're not fat and happy anymore. They are hungry and increasingly angry. That is not a good recipe for a "Puppies and Rainbows America".

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    Quote Originally Posted by mavriktu
    I appologize for this answer ,---------------Buttttttt,gota do it________could you send us a copy of the pics?????? Purely in the sense of evidence collection Sorry,slow shift tonight,too many 12 oz.
    You PIG.............

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    Ah hahahahahaha

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    Although I don't think he did anything criminal, you definately have a good civil lawsuit on your hands. Since you did have an expectation of privacy.

    Although there may be a local ordinance he could get charged with- such as some type of "criminal misconduct" law. I'd talk to your locak investigators and/or prosecuting attourneys.

    I'd also hire a lawyer and go after him civily.
    You have no right to not be offended.-Neal Boortz

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    You could move to Connecticut.

    These laws apply (we've used them both and got convictions):

    Sec. 53a-189a. Voyeurism: Class D felony.

    (a) A person is guilty of voyeurism when, with malice or intent to arouse or satisfy the sexual desire of such person or any other person, such person knowingly photographs, films, videotapes or otherwise records the image of another person
    (1) without the knowledge and consent of such other person,
    (2) while such other person is not in plain view, or
    (3) under circumstances where such other person has a reasonable expectation of privacy.

    (b) Voyeurism is a class D felony.

    Sec. 53a-189b. Disseminating voyeuristic material: Class D felony.

    (a) A person is guilty of disseminating voyeuristic material when such person disseminates a photograph, film, videotape or other recorded image of another person without the consent of such other person and knowing that such photograph, film, videotape or image was taken, made or recorded in violation of section 53a-189a.

    (b) Disseminating voyeuristic material is a class D felony.
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    Quote Originally Posted by Centurion44
    Although I don't think he did anything criminal, you definately have a good civil lawsuit on your hands. Since you did have an expectation of privacy.

    Although there may be a local ordinance he could get charged with- such as some type of "criminal misconduct" law. I'd talk to your locak investigators and/or prosecuting attourneys.

    I'd also hire a lawyer and go after him civily.
    I thought "expectation of privacy" only protected against police actions?

    I aint no lawyer, but I think the civil action would be for "Intentional Infliction of Emotional Distress"

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    Quote Originally Posted by My Gluttony
    I thought "expectation of privacy" only protected against police actions?
    Nope. That's why you don't see a camera in fitting room stalls or in bathrooms.

    Quote Originally Posted by pinkcashmere
    A week ago I spent the night with an ex-boyfriend and the next morning we got into a bit of an argument about a reconcilation.
    By the way, Pink, I forgot to ask- what the f#$k is wrong with you? Just so you know, if this were to go to court, be it criminal or civil, the defense attourney is going to bring up these questionable actions. He's going to say you were perfectly cool with it until you broke up (again) or something equally justifiable and your moral fiber will be called into question.

    I know it's so "un-hip" of me to actually suggest this: but how about keeping your legs closed until you find someone you actually love instead of giving guys the wrong idea. And don't tell me you didn't give him the wrong idea, otherwise you wouldn't have mentioned an argument about reconciling. When you sleep with a guy- especially one you were romantically involved in at one time- you are telling him there is hope you may get back together.

    Next time, buy a toy.
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    Quote Originally Posted by My Gluttony
    I thought "expectation of privacy" only protected against police actions?

    I aint no lawyer, but I think the civil action would be for "Intentional Infliction of Emotional Distress"

    The "reasonable expectation of privacy" wouldn't apply regardless since she was intimately involved with him just prior to.

    I agree with Centurion as well (and glad I wasn't the first to say it). Rape victims' morality is called into question and they can be humiliated in cases where the two hardly even knew each other. I am certain this would be no different and much worse. The photo's being sent to others is one thing but it would be a good idea in future to make wiser decisions. If you guys are done, leave it at that.

    He could easily counter your claim by saying he was retaliating for days, weeks, months of you playing head games by getting back together and breaking up. That may not have happened like that but then again neither of you would be "right" in what you are both doing.

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    If it was illegal, the National Enquirer would be out of business in week. Hire someone to beat his ***** and be done with it.
    Jerry
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    Oh wait...50 cent tried that and got sued didn't he?
    Jerry
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    This is the Virginia law below. I would think all the other states have a similar law as well.

    § 18.2-386.1. Unlawful filming, videotaping or photographing of another; penalty.

    A. It shall be unlawful for any person to knowingly and intentionally videotape, photograph, or film any nonconsenting person or create any videographic or still image record by any means whatsoever of the nonconsenting person if (i) that person is totally nude, clad in undergarments, or in a state of undress so as to expose the genitals, pubic area, buttocks or female breast in a restroom, dressing room, locker room, hotel room, motel room, tanning bed, tanning booth, bedroom or other location; or (ii) the videotape, photograph, film or videographic or still image record is created by placing the lens or image-gathering component of the recording device in a position directly beneath or between a person's legs for the purpose of capturing an image of the person's intimate parts or undergarments covering those intimate parts when the intimate parts or undergarments would not otherwise be visible to the general public; and when the circumstances set forth in clause (i) or (ii) are otherwise such that the person being videotaped, photographed, filmed or otherwise recorded would have a reasonable expectation of privacy.

    B. The provisions of this section shall not apply to filming, videotaping or photographing or other still image or videographic recording by (i) law-enforcement officers pursuant to a criminal investigation which is otherwise lawful or (ii) correctional officials and local or regional jail officials for security purposes or for investigations of alleged misconduct involving a person committed to the Department of Corrections or to a local or regional jail, or to any sound recording of an oral conversation made as a result of any videotaping or filming pursuant to Chapter 6 (§ 19.2-61 et seq.) of Title 19.2.

    C. A violation of subsection A shall be punishable as a Class 1 misdemeanor.

    D. A violation of subsection A involving a nonconsenting person under the age of 18 shall be punishable as a Class 6 felony.

    (1994, c. 640; 2004, c. 844; 2005, c. 375.)

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    Wouldn't you like to be at the table when those legislators were trying to find the "right words?"
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    Quote Originally Posted by pinkcashmere
    he sent pictures to my cell phone- they were pictures that he had taken of me while I'd slept and they were NOT consensual.
    Okay, I found the relevant law for your state. Here it is:

    709.21 Invasion of privacy - nudity.
    1. A person who knowingly views, photographs, or films another person, for the purpose of arousing or gratifying the sexual desire of any person, commits invasion of privacy if all of the following apply:
    a. The other person does not have knowledge about and does not consent or is unable to consent to being viewed, photographed, or filmed.
    b. The other person is in a state of full or partial nudity.
    c. The other person has a reasonable expectation of privacy while in a state of full or partial nudity.
    2. As used in this section:
    a. "Full or partial nudity" means the showing of any part of the human genitals or pubic area or buttocks, or any part of the nipple of the breast of a female, with less than fully opaque covering.
    b. "Photographs or films" means the making of any photograph, motion picture film, videotape, or any other recording or transmission of the image of a person.
    3. A person who violates this section commits a serious misdemeanor.
    One of two things here that you may have problems with. First, you don't want to call the department because it would be embarassing. Welp, you're gonna have to suck it up and go through with it if you want to file on him. Secondly, if you were nude in his bed, you're going to have a heck of a time showing you had, by Iowa law, a reasonable expectation of privacy while you were in the buff, or even partially. If the pics show you sleeping, you might have a case. Then again, I am not an officer in Iowa. Not sure how it gets interpretted there.

    We all make bad choices, but consider this one a learning experience and not do it again, eh?

    By the way, I tried putting the link in this message but it wouldn't work when I tried it. Anyway, do a Google search for Iowa statutes, click on general assembly link (prolly the first one), click Iowa law. Click R-S and look for Sex Crimes and Offenders, then go under General Provisions, chapter 709.
    Last edited by CrymsinSky; 07-07-2006 at 04:44 AM.

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    Quote Originally Posted by Centurion44

    I know it's so "un-hip" of me to actually suggest this: but how about keeping your legs closed until you find someone you actually love instead of giving guys the wrong idea.
    I think someone should be a little less concerned with being "un-hip" and a little more concerned with the fact that they come across as a pompous jackass. My guess is that you were a loser that got picked on in high school and became a cop to give you some semblance of respect in the eyes of those that used to pick on you. Sadly, badge or no badge, you're still the same loser.

    To all the rest of you that posted, thanks so much for the helpful responses. The issue has happily been resolved.

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    Quote Originally Posted by pinkcashmere
    I think someone should be a little less concerned with being "un-hip" and a little more concerned with the fact that they come across as a pompous jackass. My guess is that you were a loser that got picked on in high school and became a cop to give you some semblance of respect in the eyes of those that used to pick on you. Sadly, badge or no badge, you're still the same loser.
    Practice what you preach.

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    No expectation of privacy at all in that situation.. his house.. his bed.. and of course the fact that you were bumping uglies a few minutes beforehand.

    Now you can see it... Now you can't...

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