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Is It Illegal To Intimately Record Someone Without Consent?

On Behalf of The Foley Law Firm | November 2, 2021

You’re trying to spice up your love life, and you decide that it would be fun to make a video the next time you’re with your partner. You don’t tell them what you plan to do because you think it will be an exciting surprise when they find out.

However, they’re not happy at all when they discover that you made the video. They storm out and threaten legal action. You’re shocked, as you never meant for your partner to be so angry, but you’re also worried. Do they have a point? Have you accidentally broken the law?

Taking pictures and videos without consent is illegal

They do have a point. Taking intimate and explicit pictures, without informing the other person, is illegal. It’s considered a violation of their privacy. In fact, the law also claims that any sort of visual record is illegal, including:

  • Photographs
  • Videotapes
  • Motion pictures
  • Negatives and prints
  • Live feeds
  • Slides
  • Any other visual material that is mechanical, digital, electronic or chemical

In short, the law covers all of the bases, and any recording you made without telling them first was a violation of their rights, even if they agreed to be intimate with you. They were in a place where they expected their actions to be private, and that expectation was not upheld. You may not have meant anything by it and you may be surprised that they’re so unhappy about it, but that doesn’t prevent you from facing legal ramifications if they decide to pursue charges against you. Be sure you know exactly what defense options you may have.

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