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Is It Illegal To Send Explicit Pictures?

On Behalf of The Foley Law Firm | July 15, 2021

Two consenting adults are certainly within their rights to send explicit pictures to one another. Many couples engage in this type of activity frequently, and there’s no problem with it.

However, there is something of a trend where people on dating apps and social media sites send explicit pictures to people that they hope to connect with romantically. Is it illegal to do this, or are you allowed to send whatever pictures you want?

Legal trouble could arise if the other person does not consent

You really want to keep the role of consent in mind with this type of activity. You could run into serious legal issues if the other person does not consent, especially if you send them pictures without their permission and if you do so on a repeated basis. This is only a fully legal activity when both people are very clear that they want to do it and when those pictures are not distributed any further.

Another thing to keep in mind is that you need to be very sure of the age of the person you’re contacting. If you are sending these pictures to someone who is a minor or getting pictures from them, that is illegal even if they consent to it. People involved in this activity or depicted in the photos must be adults.

Are you facing charges?

If you have been accused of illegal activity after sending or receiving pictures on your phone, you’re likely worried about what it means for your future. Take the time to look into all of the legal options you have for your defense. An experienced advocate can help.

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