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You, Naked, for All to See – Virginia Law regarding “Revenge Porn”

I will share this real life story with you and also include a link if you want to read more.  Here goes:

Man and Woman enter into a relationship.woman surprised by revenge porn - Altizer Law

Woman texts Man a bunch of photos of her in the nude.

Woman breaks up with Man.

Man seeks revenge.

Man posts all of the nude photos of Woman online – every single one of them.

Nightmare for Woman.

Welcome to online harassment, cybercrime, and violation of privacy and the new catch phrase of the day, “Revenge Porn.”

Cybercrimes are computer crimes, involving use of a computer, internet, computer technology, which can include cyberbullying, revenge porn, hacking, financial fraud, identify theft, solicitation for sex, and stalking.

You can prevent “revenge porn” by never sending a naked photo of yourself via text, email, online or otherwise.  Abstinence is the best defense and prevention.  But if you choose to send photos of your nakedness across the internet, then expect that your image will be shared globally.  If you are okay with that, then send away.

If revenge porn does happen to you, what can you do about it in the legal arena?  The first thing to do is to report it to local law enforcement immediately.  In all probability it is a violation of Virginia law Section 18.2-386.2.  That Virginia law makes it a Class 1 misdemeanor to disseminate such photos with the malicious intent to coerce, harass, or intimidate.

You may also have civil remedies, i.e., defamation of character.

No matter if you choose to pursue a criminal or civil remedy, my suggestion is to keep a record of all incidents, including the time and date of the internet, text, email activity.  Also, take a screen shot of all activity for your records.

You may also consider reporting this to the Internet Crime Complaint Center, www.ic3.gov or CyberTipLines, (703)224-2150.

The bottom line to all of this is do not expose your bottom – that is, just don’t send photos of yourself to anyone.  You can lose your job, your respect, and your privacy. And for what benefit?  Things can go bad in relationships, and you never want to be vulnerable to anyone, even if you love them right at the moment.

So getting back to our story.  The photos of the Woman are still being re-posted by strangers.  Her security and privacy are gone.  As it states in the article, “Strangers across the world now know where she lives, her phone number, where she worked, and what she looks like, but she is no longer phased. (sic., fazed)”

I would still be phased/fazed.

Link to above story:  http://upstart.bizjournals.com/companies/media/2016/08/05/55-000-people-have-seen-me-naked-a-story-of.html?ana=e_ubj&u=qzGE%252BbbgGoGB87FEOic13t4qIbr&t=1470428439&j=75340162&page=all