Broocks Greer, Attorney at Law, LLC
You Can’t Share Intimate Videos or Photos Just Because Someone Sent Them
Typically, when someone gives you something, it becomes your property. You can do what you want with that item, and the person who gave it to you really has no say in your actions.
However, possession is very different when you refer to intimate or private images or videos of a person. While that person may choose to share an image with you or take it solely for the purpose of giving it to you, you don’t own it in the sense that you own physical items.
If you want to share that image with friends or upload it to a website, doing so could actually result in criminal charges under Louisiana laws.
You Have to Have Consent to Release Private Images
Someone agreeing to let you see or even keep a copy of a private image or video is not the same thing as them agreeing to the dissemination of that image or video online. What is perfectly harmless in the hands of one person could damage someone’s career if made public.
Additionally, some people have leveraged digital images of previous partners after a breakup as a way to seek revenge or punish their ex. Lawmakers in Louisiana have enacted a law to prohibit such behavior. The nonconsensual disclosure of private images is now a misdemeanor offense in Louisiana. If convicted, you face fines of up to $10,000 and possibly two years in jail.
Those facing criminal charges related to the disclosure of images may be able to defend themselves by proving that they had consent to share the image with others or that they were not in the party that uploaded or shared and the private images.