I came of age when grunge music became popular and all of the girls I went to school with wore flannel shirts. In other words, it was the worst time to be in college. A few years later Bill Clinton came in to office and the next thing you know, women are wearing lingerie when they go to walk their dog and sending nude photos of themselves to every guy they start dating or want to get in bed.
I’ve never sent or received a sext with photos in it because my wife and I are too worried about someone else getting a hold of it and because I don’t have any mistresses. But we are certainly in the minority, especially compared to the 20 something crowd who do it all of the time and without much thoughts of what could happen.
So the other day a woman calls me looking for a lawyer because her ex boyfriend is sending nude photos of her to everyone that he knows. She’s worried about her parents seeing it as well as any prospective employer. The problem for her is that he’s not trying to make any money off of these images, he didn’t steal them (she sent them to him) and she was an adult (in this case 25) when she sent them. So while a lawyer can send a cease and desist letter or even threaten a lawsuit, the truth is that she has no leverage to stop him from being a jerk other than to threaten to retaliate in the same immoral way that he’s gone about things.
Of course when she sent the pictures it was innocent fun and she wasn’t planning on the two of them breaking up. That was then, this is now. And now she’s really freaking out.
She would have been a minor when the photos were taken, it would be a different story. In that case he’d be in possession of child pornography, even if that’s not what he or anyone else thinks of when they hear that term. Possessing it and/or passing it around could lead to a jail term and registration as a sex offender. That may seem ridiculous (or not) but that is certainly what the law is in Illinois.
There are so many good reasons to not send a photo like this. Certainly it won’t stop anyone, but don’t expect an attorney to be able to help you if you aren’t happy with who ends up seeing your naughty bits.
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