Due to technological advances, almost everyone is able to take and share photos and videos almost instantaneously. In Pennsylvania, it is a crime to record, share, or view nude or intimate images of another person without their consent. This prohibition includes sharing “sexts” and nude photos as well as taking and sharing “upskirt” photos and videos.
At Bickerton and Bickerton, our attorneys have defended individuals whose lapses in judgment or youthful indiscretions have led them to share private intimate photos.
If you are facing criminal charges for Violation of Privacy (18 Pa. C.S. § 7507.1) or Dissemination of Intimate Images (18 Pa. C.S. § 3131), contact the criminal lawyers of Bickerton and Bickerton at (412) 596-8124 for a consultation today.
Frequently Asked Questions about Violation of Privacy, Dissemination of Intimate Images, Upskirt Pictures, and Sexting:
Does this mean that it is illegal to receive a sext or naked picture?
Not necessarily. What the law means is that, if someone sends you a nude, intimate, or sexual picture, you cannot share it without the person’s consent. However, if you are in possession of a sext or other photo or video that shows a minor engaged in sexual activity, you may face prosecution under other statutes (for example Sexual Abuse of a Child, 18 Pa. C.S. § 6312).
I’ve seen in the news that you can take pictures of a person’s underwear if they are wearing a skirt in public. Is that true?
That may be the case in other states, but in Pennsylvania, you can’t take pictures of any area on a person’s body that cannot be seen through “normal public observation.” What “normal public observation” means is that you can’t crouch, kneel, lie down on the ground, hold a camera under a skirt, etc.
Was the Unlawful Dissemination law passed to deal with “revenge porn”?
Yes. Before this law was passed, sharing intimate photos or videos of another without consent was something that the victim could sue for civilly, but it was not a crime. Now, an individual who shares intimate content without consent can face a civil suit and criminal penalties.