What is the usual penalty for unlawful filming/photography?

UPDATED: Sep 19, 2011

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What is the usual penalty for unlawful filming/photography?

I was spending the night with a legally separated man in his bedroom at his home. While we were sleeping, his soon-to-be ex-wife (who doesn’t live with him) entered his bedroom, removed the covers, and took nude pictures of us. She then forwarded said pictures to his family and friends in an attempt to humiliate him. Now people I have never met have naked pictures of me on their phones, and I am devastated. I want to know what penalty she will most likely receive and whether or not there is a separate charge for distributing the pictures. Is there a separate charge if the pictures were distributed via text message?

Asked on September 19, 2011 under Criminal Law, Virginia


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

From what you have written about the incident and the photographing of you and the other person and the display of it to others, the issue that you complaint about is really not a criminal matter but more of a civil claim. The claim would be the invasion of your privacy and would be best addressed in the civil court system and not the criminal arena.

Given what you have written about, I suggest that you consult with a personal injury attorney as to the basis for a civil lawsuit that you might be warranted in bringing against the wife of the separated man for what she did.

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