Police Report Filed Against Me for Posting Pictures Online

[acertim78]

New York

I broke up with a girlfriend and afterwards posted naked pictures and videos that I took with my camera and with her consent online. It was a stupid decision which I regretted right away.

She has now filed a police report against me. I do not know the details in the report since the detective is on vacation for a few days.

I took all of these pictures with my camera and with her permission. She is posing for them in the pictures and in some she's looking directly at the camera. In some of the pictures she is 17, however there is no way to prove her age in any of these pictures and they don't have a date stamp on them. Also it is my understanding that the age of consent in NY is 17, does this apply to naked pictures also.

My question is can I go to jail for posting these pictures? Can she come after me for civil or criminal penalties? From what I am able to find online if I took the pictures with my camera that makes me the copyright holder and I can do with them what I wish, is this true?

[cbg]

The age of consent and the age of majority are two different things. She is still a minor at age 17, even if she is legally of an age to consent to sex. Do the words, child porn, mean anything to you?

[acertim78]

From what I thought the age of consent applied to images also. I did not know it was two different things. If she were an adult, would it be okay to post these pictures if I took them with my camera with her permission?

[cbg]

Giving you permission to TAKE the pictures, and giving you permission to POST the pictures publically, are also two different things.

I have no sympathy whatsoever for jerks like you who think it's okay to embarrass and humiliate people but not for you to have to suffer any consequences. If it were up to me, you'd spend ten years in jail for posting those pictures. So you might want to find someone else to ask.

[aardvarc]

I broke up with a girlfriend and afterwards posted naked pictures and videos that I took with my camera and with her consent online.

Her consenting to you TAKING the pics is a universe away from having her permission to use or SHARE the pictures.

My question is can I go to jail for posting these pictures?

It's possible.

Can she come after me for civil or criminal penalties?

Absolutely. In fact I'd be as worried or MORE about a civil case against you as a criminal charge.

From what I am able to find online if I took the pictures with my camera that makes me the copyright holder and I can do with them what I wish, is this true?

No, it's not. And this inaccurate impression is what gets people who do this type of thing into civil and criminal hot water. You need to be speaking to BOTH a criminal defense attorney AND a civil attorney, and ASAP.

[Who'sThatGuy]

In some of the pictures she is 17, however there is no way to prove her age in any of these pictures and they don't have a date stamp on them.

Can you prove that she is over 18? Because I know a jury can decide who's side is more credible.

[acertim78]

Giving you permission to TAKE the pictures, and giving you permission to POST the pictures publically, are also two different things.

I have no sympathy whatsoever for jerks like you who think it's okay to embarrass and humiliate people but not for you to have to suffer any consequences. If it were up to me, you'd spend ten years in jail for posting those pictures. So you might want to find someone else to ask.

I understand why you say this. I am upset with myself also and this way before I found out about the police report. Right afterwards I removed them from the websites I uploaded them to. However some people had viewed them already. It was a terrible decision made while I was extremely angry and though I cannot change it I do regret every moment of it.

Can you prove that she is over 18? Because I know a jury can decide who's side is more credible.

I really cannot prove she was over 18, however I doubt that she can prove she was under 18 at the time. There are no time stamps on these pictures of any kind.

[Who'sThatGuy]

I understand why you say this. I am upset with myself also and this way before I found out about the police report. Right afterwards I removed them from the websites I uploaded them to. However some people had viewed them already. It was a terrible decision made while I was extremely angry and though I cannot change it I do regret every moment of it.

I really cannot prove she was over 18, however I doubt that she can prove she was under 18 at the time. There are no time stamps on these pictures of any kind.

So basically it will be left for a jury to decide who is more credible, you or her?


And once something is posted on the internet, it is never gone. The pictures will still be out there forever.

[acertim78]

So basically it will be left for a jury to decide who is more credible, you or her?

And once something is posted on the internet, it is never gone. The pictures will still be out there forever.

I understand that. It was a stupid decision. Moments after I regretted it, I was extremely upset at the time and should make made a better choice.

The age of consent and the age of majority are two different things. She is still a minor at age 17, even if she is legally of an age to consent to sex. Do the words, child porn, mean anything to you?

So posting someones pictures online falls under the age of majority?

[cbg]

If she is under the age of 18, she is a minor. She cannot vote, buy tobacco or alcohol, drink, is still subject to the will of her parents, and cannot sign an enforceable contract. She cannot marry or join the armed forces without parental permission. In many states she cannot consent to sex - note that the internet is not limited to NY. What makes you think she can approve having naked pictures of herself posted for the rest of the world to see in perpetuity?