Bellevue, WA asked in Criminal Law, Personal Injury, Sexual Harassment and Internet Law for Washington

Q: Is it illegal to post private photos and videos online without my permission?

My boyfriend and I recently split up and he has videos and photos that were supposed to remain private and is now harassing me and threatening to post them online. Is there anything that I can do to take legal action?

3 Lawyer Answers
T. Augustus Claus
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Answered
  • Criminal Law Lawyer
  • Las Vegas, NV

A: Posting private photos and videos online without your permission can potentially constitute a violation of your privacy and, in some cases, may be illegal. The specific legal remedies available to you can depend on the laws in your jurisdiction. To address this situation, you might consider taking these steps: document the threats, consult with an attorney who specializes in privacy and online harassment cases, have your attorney send a cease and desist letter to your ex, report the harassment to local law enforcement if it escalates or if you believe a crime has been committed, explore the possibility of a civil lawsuit depending on your jurisdiction's laws and circumstances, and report any unauthorized content to the online platforms where it's posted.

Stan Glisson
Stan Glisson
Answered
  • Criminal Law Lawyer
  • Tacoma, WA
  • Licensed in Washington

A: Well, it depends on the content of the images. But yes, it is a crime to disclose private images.

RCW 9A.86.010 make it illegal to: "knowingly disclose an intimate image of another person and the person disclosing the image:

(a) Obtained it under circumstances in which a reasonable person would know or understand that the image was to remain private;

(b) Knows or should have known that the depicted person has not consented to the disclosure; and

(c) Knows or reasonably should know that disclosure would cause harm to the depicted person."

If you think he already has has violated that law then you might want to contact your local police and make a report. I'm sure there is a civil action available to you as well if you are interested in pursuing financial damages.

If he is only threatening, you may want to have a lawyer contact him and let him know that you will report him and pursue all available legal action if he were to commit this criminal act.

Cristine Beckwith
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Cristine Beckwith
Answered
  • Criminal Law Lawyer
  • Tacoma, WA
  • Licensed in Washington

A: Sorry to hear. In addition to contacting law enforcement you can also consult with an attorney regarding a domestic violence protection order. These orders protect against harassment and stalking.

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