This week, our criminal lawyers discuss a young man’s concern about his ex’s nude photos being shared.
The Question: Does sending my ex’s nudes to a friend count as harassment or child pornography?
“This is happening in Maryland. I dated this girl for a bit and she cheated on me with this guy and ever since the cheating started, he had messaged me repeatedly even after I tried blocking him on several accounts (on Instagram) but he would use other ones to message me again. And he’d send texts to my phone and would make verbal threats.
A bit ago he sent my ex’s nudes (mind you, she’s under 18, but over the age of consent in MD) to a friend. Then this morning he sent them to me too.
I tried going in person to speak to a police officer about the constant messages and they said it’s not harassment or even phone misuse or anything. Then I asked about the child pornography and they said “she’s above the age of consent so it’s legal,” which is not how federal law works in regards to child porn.
Basically, they didn’t care and straight up told me “we can’t help you.” So I go to the state police hoping that maybe they’d take my complaint more seriously, but they managed to take it even less seriously. The officer looked at me like I was crazy the whole time and said the same stuff the county officer said (not illegal because age of consent, etc.). And I filed a report to the FBI’s field headquarters about the harassment and child porn, but I was wondering if there’s anything more I can do to get him to leave me alone and if there’s any way that he would get in legal trouble for having child pornography on his phone. He unsent the images he sent me before I could screenshot the chat, but since the images are still likely on his phone, would law enforcement be able to check it out? I just am hoping to find a way to get law enforcement to take this seriously, but it seems like no matter who I talk to, they don’t care.”
The Answer: Maryland statutes are pretty clear-cut, but some grey areas remain. The kind of behavior you describe may be looked at as revenge porn and or distributing child porn. Engaging in this kind of action is not recommended, even if done in innocence, due to potential legal pitfalls.
Yes, you are dealing with some harassment from her current boyfriend. Harassment can be any conduct meant to alarm or annoy someone.
His constant messaging over social media and the phone interpret as harassment based on the law; maliciously engaging in behavior that alarms or seriously annoys another with intent to cause harm, harass, or annoyance.
Police can help you file a complaint of harassment on your behalf against the new boyfriend. You can also get a peace order against that person prohibiting the contact.
The state statutes are clear regarding the definition of child pornography as “any visual depiction of sexually explicit conduct involving a minor.” So, yes, your ex-girlfriend’s nude photos could be considered child pornography.
Although she is underage, she is at the age of consent and probably consensually sent her new boyfriend the pictures. Maryland also has Romeo & Juliet laws that protect minors against sex crimes and child porn charges as long as they are only a few years apart in age difference and involved in a relationship.
The sharing of these nude photos could be seen as revenge porn or child pornography.
Plenty of problems with sending pornographic material could lead to legal obstacles, so we do not recommend this kind of behavior. The grey area leaves room for interpretation that might send the material toward criminal charges.
To schedule your own (free) first consultation with a The Law Office of James E. Crawford, Jr. & Associates, LLC attorney at your convenience, call (888) JCLAW-10.
Our automatic disclaimer: We’re lawyers, but not necessarily your lawyer, and do not represent the individual who asked this question. We’re providing this information for general educational purposes based on the publicly available information provided by the anonymous Internet user. Any number of details may change how this individual’s attorney may pursue this legal situation, differently from how we suppose above. If you have a similar question, then you should consult with a lawyer about your specific situation to get a “real” response!