Breakups are hard – especially if you were in a serious and/or long-term relationship and the breakup wasn’t your idea. It’s understandable to feel angry and maybe even “get back” at the other person.
Unfortunately, an all-too-easy way to do that is to go through your phone, find the most intimate pictures and videos you have of your ex and share them in a way that will most embarrass them. Before you send them to your friends or your ex’s family, friends and co-workers or post them on social media, you need to know that you could well end up facing criminal charges.
In recent years, as “revenge porn” or “non-consensual pornography” has become more common and a multitude of people (mostly women) have gone public about the effect it’s had on their lives, relationships and careers, more states, including ours, have made it illegal.
What does Ohio law say?
Ohio’s Nonconsensual Dissemination of Private Sexual Images law makes it a criminal offense to post or share images of anyone who:
- Is “in a state of nudity or is engaged in a sexual act”
- Can be identified from the image or by the image provided with the image
- Didn’t consent to the dissemination of the image
For a person to be charged under this law, all of the above must apply. Further, the person who disseminated the image must have done so “with intent to harm the person in the image.”
It should also be noted that this particular law only applies when the person in the image is at least 18. If they’re a minor, other, even more serious, laws apply.
Don’t underestimate the consequences
Under Ohio law, a first offense is a misdemeanor, and the level of misdemeanor increases with each subsequent conviction for violating this law or “any substantially equivalent state laws.” The consequences could be jail time and fines. You could also face a civil lawsuit from the person depicted in the images.
If you’ve been charged with this offense, it’s crucial to take the matter seriously. There are potential defenses, depending on how the images got to someone (or many people) who weren’t intended to see them. Getting sound legal guidance is a smart first step.