Is it illegal for an ex to distribute nude pictures and/or sexual video taken in private while the relationship was in tact?

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Is it illegal for an ex to distribute nude pictures and/or sexual video taken in private while the relationship was in tact?

Are threats to do so against the law.

Asked on April 18, 2012 under Criminal Law, Georgia

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If your ex distributes the photos and/or video, you could sue your ex for invasion of privacy.  Invasion of privacy is a serious interference with your right to be let alone and protected from unwarranted and undesired intrusions or publicity concerning matters of a private nature.

Your damages (the amount of compensation you are seeking in your lawsuit) for invasion of privacy would include mental distress, harm to social or business interests and if applicable, physical illness.  You can also seek punitive damages ( a substantial amount) to punish the defendant for a wrongful motive.

Merely threatening to distribute the photos/video would not be sufficient for invasion of privacy.

It is possible that threatening to distribute the photos and/or video may result in liability for intentional infliction of emotional distress.  Intentional infliction of emotional distress requires outrageous conduct which is intended to cause and which does cause you severe mental or emotional distress. 


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