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Distribution of Non-consensual Nude Images in Massachusetts: Legal Consequences

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Location: Massachusetts  |  Law type: sexual harassment attorneys
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Is it a felony to distribute nude pictures on social media in the state of Massachusetts

An ex girlfriend stole a nude picture shared between a couple and distributed it on social media with identity attached to it.  this was done while the ex had a harassment charge against her from the said party.  I was told by police that this was a felony and she had broken the harassment order.  As the court proceedings continue, I am now told by the district attorney that in the state of massachusetts it is not a felony unless the picture explicits a sexual activity.  the picture reveals a nude picture of a lady standing in front of a mirror (selfie), not showing the face.  would you please explain if this can be charged as a felony in the jurisdiction of Massach.usetts

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The response provided below is specific to sexual harassment attorneys in the jurisdiction of Massachusetts. If the response is inadequate, please submit a detailed inquiry.

Distribution of Non-consensual Nude Images in Massachusetts: Legal Consequences

The sharing of intimate images without consent, often referred to as "revenge porn", has become a concerning issue in the digital age. In Massachusetts, while the distribution of these images can lead to serious legal consequences, the specifics surrounding the nature of the image and the context in which it was shared matter significantly when determining potential charges.

Relevant Massachusetts Statutes:

Possible Legal Resolutions:

In the scenario provided, there are several legal avenues that may be pursued:

  1. Violation of Harassment Order: If an active harassment order was in place at the time of the incident, the distribution of the image can be viewed as a violation of this order.
  2. Criminal Harassment: Under M.G.L. c. 265, § 43A, criminal harassment may be applicable, especially given the prior charges.
  3. Dissemination of an Intimate Image: While M.G.L. c. 272, § 105 requires the image to depict a person engaged in sexual activity, other related charges might apply, such as distribution of materials harmful to minors or other privacy breaches.

For a comprehensive legal strategy and understanding of potential outcomes, it is essential to find the right lawyer experienced in this particular field.

Average Attorney Fees in Massachusetts:

Service Provided Average Cost
Initial Consultation $250 - $500
Drafting Legal Documents $1,200 - $2,500
Representation in Court $3,500 - $8,000
Negotiation with Opposing Party $1,000 - $3,000

Please note, these prices can vary significantly based on the complexity of the case, the attorney's experience, and other factors.

Clarifications and Next Steps:

It's crucial to determine the exact details surrounding the distribution of the image. Did the image explicitly display any identifying features? Were there any messages or captions accompanying the image that could potentially escalate the situation?

To determine the best legal course of action, please provide further context and information.

Relevant Questions for Your Case:

  1. Identifying Features: Were there any tattoos, scars, or other distinguishing features visible in the image?
  2. Distribution Scope: How widely was the image shared? Was it to a specific group or openly on public platforms?
  3. Accompanying Messages: Were there any messages, captions, or comments made by the ex-girlfriend when distributing the image that might indicate intent or malice?

Q1: Can I file a civil lawsuit for damages due to the distribution of the image?

Yes, you may have the grounds to pursue a civil lawsuit for invasion of privacy or emotional distress damages caused by the distribution of the image.

Q2: How does Massachusetts define "sexual activity" in the context of the law?

"Sexual activity" typically refers to explicit actions of a sexual nature. However, each case is unique and can be interpreted based on specific circumstances.

Q3: What is the potential penalty for violating a harassment order in Massachusetts?

Violation of a harassment order can lead to criminal charges, potential jail time, and fines, depending on the severity and repeated nature of the violation.

Q4: Can I get the image removed from social media platforms?

Many social media platforms have policies against non-consensual sharing of intimate images. Reporting the image can lead to its removal and the offender's account being sanctioned.

Q5: What steps should I take immediately after discovering the unauthorized distribution of my image?

It's essential to document the distribution (screenshots, URLs), report the content to the hosting platform, contact law enforcement, and seek legal counsel to explore potential actions.

Disclaimer

This content is for informational purposes only and does not establish an attorney-client relationship. It's always recommended to consult with a local attorney about your specific situation.

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