Is it legal for an ex -husband to send unsolicited nude pictures to his ex-wife?

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Is it legal for an ex -husband to send unsolicited nude pictures to his ex-wife?

He sends more than one nude picture to her. The 7 year-old child sees that a text has come from his dad. The child opens the text, and sees nude photos of his father. Is there any legal recourse for this situation?

Asked on October 21, 2010 under Criminal Law, Alabama

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I believe that this question touches on the very bigger issue of what is known as "sexting" - sending nude photos via cell phone.  This has been a much heated topic when it relates to teens and child pornography laws but it can be an issue with adults as well.  While it may not fall under the state laws that deal with the dissemination of pornographic material to achild and the intention to do so, it can be a problem when the material is disseminated to a person and the probability of the material being seen by a child exists, as it does here.  It may also fall under state laws that have dealt with flashers and even under your state harassment laws.  I would seek legal help from an attorney in your state.  Good luck.


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