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Unlawful Disclosure or Promotion of Intimate Visual Material

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What Is Unlawful Disclosure or Promotion of Intimate Visual Material?

The laws regarding the unlawful disclosure or promotion of intimate visual material restrict what an individual is allowed to do with another person’s photos when a depiction nudity or sexual content exists. The act of sharing these photos is also known as revenge porn.

Facing charges for the unlawful disclosure or promotion of intimate visual material entails allegations that an individual shared or promoted visual content of another person’s intimate parts or engaging in sexual activity.

Promotion and Disclosure Laws Prohibit Sexual Content:

 

  • Manufacturing
  • Selling
  • Sharing
  • Transmitting
  • Publishing
  • Exhibiting
  • Advertising
  • And/or Other Forms of Distribution

You can also face these charges for offering or agreeing to do any of the aforementioned actions with this visual content. 

What Constitutes Sexual Images and/or Nudity?

 

The law prohibits sharing or transmitting any images that depict another person’s intimate parts, including genitals, pubic region, anus, butt, or female nipples.

Images depicting sexual conduct are defined as content that depicts sexual contact, actual or simulated sexual intercourse, bestiality, masturbation, or sadomasochistic abuse.

Elements of Unlawful Disclosure or Promotion of Intimate Visual Material

 

Several elements must exist for an individual to face legitimate charges for the unlawful disclosure or promotion of intimate visual material.

The Law States this Offense Is Applicable If:

  1. The individual does not provide their consent to share photos depicting their intimate parts or engagement in sexual conduct.
  2. The individual depicted had reasonable expectations that the images would remain private.
  3. The disclosure of the material causes (or is intended to cause) harm to the individual depicted.
  4. The visual content reveals the identity of the individual depicted in any manner.

The most common example of the unlawful disclosure or promotion of intimate visual material is when an individual shares photos of an ex-lover after a breakup.

What If the Person Sent the Sexual Photos to Me?

 

It is still illegal to share, distribute, promote, etc. sexual and/or nude photos of another person even in cases when the individual sent the content directly to you. Legally, this does not constitute permission to share these images or video content.

It is unlawful to disclose or promote any sexually explicit visual content if the individual depicted does not provide consent. This also applies to situations when the defendant has reason to believe the individual depicted in the content did not provide consent for the material to be disclosed. 

Additional Charges for Disclosure of Photos

 

An individual may also face several additional related charges in cases involving the illegal distribution of intimate visual content.

It is also illegal to use threats of distributing or promoting visually explicit material. For example, an individual uses threats of exposing sexual or nude visual content in exchange for compliance from the individual depicted.

This situation only applies to cases when the individual making the threats would benefit from the compliance received by these threats of disclosure. This could potentially result in an additional charge of blackmail.

What Are the Penalties for Promotion or Disclosure of Visual Intimate Materials?

 

A conviction for the promotion or disclosure of visual intimate materials is a Class A misdemeanor charge. This could result in up to a year in jail and fines of up to $4000.