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Teen arrested after ex’s naked photo sent out

| Oct 31, 2012 | Criminal Defense

An 18-year-old St. Petersburg man was arrested recently and accused by authorities of sending out a nude photograph of his former girlfriend to other people without her permission. Among the charges against the suspect are video voyeurism and transmitting material harmful to minors, since one of the alleged recipients of the photograph is 14 years old.

According to authorities, the suspect and his ex-girlfriend, also 18, broke up earlier in October. The ex-girlfriend claims that the suspect sent her threatening text messages that insulted her and included the claim that he would kill her.

On Oct. 30, several people received a photograph depicting the ex-girlfriend in the nude. An article in the Tampa Bay Times does not say how the photo was distributed, but the circumstances suggest it over the Internet or by text message.

The ex-girlfriend claims she does not recall posing for a nude photo and told police she believes the suspect took it while she was sleeping. Police arrested the suspect on charges of making written threats to do bodily harm, voyeurism and sending the photograph to a minor.

If the suspect did what authorities say he did, he may face even more serious charges if it is determined that the photograph was taken when the ex-girlfriend was under 18. Florida law defines child pornography as any image “depicting a minor engaged in sexual conduct.” A minor is “any person under the age of 18 years.” Therefore, if the ex-girlfriend was 17 at the time of the photo, sending the photo over the Internet or via text message could be construed as distributing child pornography. However, that could depend on whether the ex-girlfriend is “engaged in sexual conduct” in the photo.

Either way, someone at risk of being charged with distribution of child pornography should contact a criminal defense attorney as soon as possible.

Source: Tampa Bay Times, “St. Petersburg man accused of distributing naked photos of ex after breakup,” Kameel Stanley, Oct. 31, 2012

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