Is sharing A Private Sext Message You Received Illegal?
She made you that mad, huh? We have all been there. In a relationship that turned sour, rotten even. So bad to the point that you would do anything to get back at her and make her feel just a bit of how badly you have. Before you decide posting her nudes and sext messages online is the perfect revenge, you better consider a few things. Is sharing a private sext illegal? Yes and No. Can you get in legal trouble anyway? Yes!
Is it True and Offensive? Was it Private? Was it Purposely Shared Widely?
When a person believes they have been wronged by someone posting a sext message they have sent to them and seeks legal help, there are two things that will be discussed first. Legal experts and police will want to know if the situation is true, if the messages were private and if they would be deemed highly offensive by any other person. How widely were the messages shared? To everyone in his contact list? On Facebook or Craig’s List? When the answer is yea, there may be a legal case in store for the poster.
Is sharing a sext illegal? It Could Be Aggravated Harassment in the Second Degree!
When you post someone’s private sext message, photos and other materials meant for you, you are violating their right to privacy. Although laws and punishments are different is every state, aggravated harassment is a punishable crime in all 50 states. It is sometimes easier to prove than others, however. For instance, it is a whole lot easier to prove aggravated harassment when the sext messages you’ve received are posted with your ex’s phone number and any threats or encouragements to call her. You can get yourself in some serious legal trouble messing around in this arena.
Is sharing a sext illegal? It Could Considered Intentional Infliction of Emotional Distress
This clause is available in most states and protects people from being harassed intentionally to create emotional issues. It can be brought against anyone who behaves in extremely outrageous ways for an ongoing length of time of which there is no legitimate purpose. Trying to exact revenge and or humiliate someone is not considered a legitimate purpose. The behavior is illegal, which helps prove that it is bizarre, extreme and outrageous.
Is sharing a private sext illegal? You May Get A Ceases and Desist!
A legal Cease and Desist order drawn up and sent by a lawyer tells the recipient if he does not stop his behavior he will be sued. This is legally binding as serves as a warning that can be brought up in court and used against him. Ignoring a cease and desist order is the dumbest thing anyone could do. This is, in essence, a chance to stop horsing around before you get in deep trouble. Any smart person would stop their harassing behavior immediately before they are slapped with hefty fines and even jail time.
Consumer Telephone Records Protection Act
This act is a federal privacy law that effects cell phone records. If you want to find out if your spouse is sexting, this act will stop you from access her records. Even if you pay the bill. This is because those messages also contain information from another party, which are also private and protected. If a person is being harassed through text messages they can have a court order to access the phone records of the suspected person to prove they are guilty.
Sharing a private sext message you received is never a good idea. It may give you a momentary feeling of satisfaction, but in the end you will be the one feeling humiliated.
Tags: aggravated harassment, Is sharing a sext illegal, Revenge Porn, Sext, Sexting