Is taking and sending nude photos illegal?

On Behalf of | May 1, 2020 | White Collar Crime

State laws, federal regulation and even international laws — all of these could potentially apply to a web based criminal charge. What is and is not legal on the internet is a complicated subject.

Nude photos are no exception to this rule. There are many ways in which sending, creating and possessing a nude photo could be illegal. In fact, convictions in this area have the potential to land you with some of the most lasting and damaging consequences of any internet crime.

A question of consent

In general, Missouri law allows the exchange of nude photos of adults between consenting adults. There are, of course, laws and cases that further define this, so you would want to place any relevant events in that legal context before considering a case.

As reported by the St. Louis Post-Dispatch, taking a non-consensual nude photo of someone could be a crime under many circumstances. In fact, even Federal law protects people’s rights to privacy in these types of situations.

Complicating factors

The fact that so many walls could apply to these types of situations makes defending yourself somewhat difficult in some cases. Prosecutors could have a long list of charges, each with a complex caselaw history and statutory context.

One serious example would be if your offense supposedly involved minors. The bears mentioning that even young people could face serious charges regarding nude photos — up to and including various child pornography allegations.

Although many people who pick up the target spurious accusations react initially with incredulity, it would be important for your defense to handle any allegations in this area calmly. Because of the complex legal landscape and the serious possible consequences, anything you say to officials could have a drastic effect on the outcome of your case.