Q: what if the “victim” Later admits that he consented After Other party is charged
Class 5 felony unlawful distribution of images
A:
A.R.S. 13-1425 does not have necessarily require a lack of consent in order for someone to be found guilty of unlawful distribution of images.
The main question is if the "victim" had a reasonable expectation of privacy for that image. As a defense you could introduce evidence that a victim had no reasonable expectation of privacy for that image if they had consented for it to be distribute or shared. You would want to put together any all evidence to form a defense that in this specific situation, the victim waived their privacy expectations for the images in question.
For example, they may have sent the image to other individuals or posted it somewhere online where it could be viewed by the public.
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