Asked in Criminal Law, Family Law and Child Custody for Virginia

Q: I took pictures of my boyfriend's daughter. He gave me permission and it was on his time. Can his ex press charges.

My boyfriend and his daughter went to the creek a few days ago with my family and I took a few pictures of everyone. I had my boyfriends permission to take the pictures and put them on my Photography page. Which my Photography page is a hobby. I did not advertise his daughter in any way and there is no income coming from this photography page. Now my boyfriend's ex is threating to press charges cause I post a few pictures but I had my boyfriends permission to do so and the child knew I was taking pics. It was on his weekend and his time. There is nothing in the custody agreement saying anything about photographs. Can she press charges.

3 Lawyer Answers

A: You said you took photos of everyone at a creek. Based on what you have said, I can't think of any criminal charges anyone can press. However, this is a public website which can be read by everyone, so don't post any more details regarding this situation. If this is causing you this much trouble, you might want to consider taking the photos down. If the ex does bring criminal charges, say nothing and immediately hire a local experienced defense attorney.

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Answered

A: No, in my opinion you can't be charged with any criminal offense. You haven't broken any laws.

A: I would say no, there are not any criminal charges that could be brought against you. There was no expectation of privacy because the pictures were taken outside in public. You had the permission of the minor child's parent to take the pictures. There is nothing illegal about what you did. If you are not using the photos as advertising or to sell a product or service, there is no issue there either. It sounds like the ex is simply trying to make idle threats. That being said, if you should happen to be charged with anything, do not speak to the police but instead exercise your right to remain silent and then immediately consult with an experienced criminal defense attorney.

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