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QUESTION

My boyfriend took nude pictures of me while we were together.  We agreed that he would look at them and then delete them.  We have broken up and now he refuses to delete them.  Do I have any legal rights to get the pictures back before he does something with them?

ANSWER

Technology is moving faster than the law these days. Because sexting is a fairly new trend, your legal rights, if any, are unclear at this point.

If your boyfriend takes nude or suggestive photographs of you that you later regret, it may be very difficult to take legal action to get the photographs back if he is simply holding onto them. Most of the protective courses of action would not apply unless he used the photographs to harass you, or if he distributed the photographs to others. Your legal options may be further limited if you consented to the photographs.

In some states, if you are under the age of 18, you could face serious legal consequences for sexting--such as criminal charges and/or possibly having to register as a sex offender--even if you took the pictures of yourself. In addition to the legal consequences, you should also consider potential non-legal consequences. Once you send a text or image, you can no longer control how it is forwarded or used. Too often, the private image or text ends up in the wrong hands because it was forwarded to several unintended people or worse, posted on Facebook. Not only could this be humiliating, but it might cost you a future educational or job opportunity.

The best course of action is to avoid sexting altogether. Even though you may feel comfortable taking the photograph at the time, you can't be sure how you will feel about the photograph later. Next time, remember to consider all the potential consequences before hitting send.

NOTE:  The information provided does not constitute legal advice nor substitute the advice of an attorney.

This information is provided by Break the Cycle.

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