Can You Be Charged With a Crime for Sharing Someone Else’s Explicit Photos in Delaware?
Sharing images and videos is a part of daily life today, but in some cases, depending on what you’re sharing, you could be convicted of a crime. An example of such activity would be sharing an explicit photo or video that was meant to remain private. It’s surprising to many folks that disseminating such material can be cause for criminal prosecution. Nonetheless, you can face penalties for sharing explicit content without having consent.
What is considered unlawful sharing of explicit images?
Delaware law imposes restrictions on certain activities relating to the non-consensual dissemination of intimate images. The basic premise for such a prosecution is where one distributes sexually explicit photos or videos of another individual without the consent of the other person. Such activities include:
- Distribution of intimate images via websites
- Posting sexually explicit photos on the internet
- Forwarding intimate videos through text messages or other social media applications
- Intimidation of another individual for distributing intimate images
The cases usually emerge from disagreements between spouses or ex-spouses, but there are times when the criminal investigation process emerges from hacking into email accounts.
Potential criminal consequences
The punishment for unlawful sharing of explicit photos can differ based on the circumstances of the case. Punishment will entail:
- Imprisonment
- Probation
- Fines and court fees
- Criminal history
- Restraining or no-contact orders
There are times when further charges can be filed against the accused. These may include charges such as harassment, stalking, extortion, computer crimes, or improper use of technology.
There are also cases wherein minors are involved. Even though both parties agreed in an exchange of explicit messages, there is always a possibility that child pornography charges will be filed.
Evidence in digital crime cases
These cases tend to have a lot of digital evidence, and law enforcement officers may need to look at the following:
- Text messages
- Social media profiles
- Chatting services messages
- Cloud-based storage data
- Screenshots
- Cell phone data
During investigations, law enforcement agencies are likely to apply for warrants to investigate phones, computers, and other accounts. In some cases, proving the distribution of material depends on such evidence entirely.
There are certain difficulties with digital evidence. Devices may be used by several individuals, hacking of accounts may occur, and screenshots may not tell the whole story.
Possible defenses to the charges
Each case is unique, and there may be several different defenses for each case. A Wilmington criminal defense lawyer can dispute:
- If the individual did distribute those particular photos.
- The intent to distribute.
- The legality of the search and seizure.
- Digital forensics evidence.
- If consent was provided.
In some cases, it might be difficult for the prosecutor to prove who logged into an account and uploaded certain materials.
Talk to a Wilmington, DE, Criminal Defense Lawyer Today
Michael W. Modica represents the interests of Delaware residents who have been charged with a serious crime. Call our Wilmington criminal defense lawyers today to schedule an appointment, and we can begin discussing your next steps right away.
