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Nonconsensual Disclosure of a Private Image

Louisiana Criminal Defense Attorney

Have you or any of your loved ones been recently accused of the crime of nonconsensual disclosure of a private image under La RS 14:283.2 in Louisiana? Do you want to know what this means? Are you worried about getting an attorney that can help you get out of the mess? Well, you’re just in the right place for answers.

In this article, we will thoroughly look at the statute, what penalties it carries, and some other important things that you need to know.

What is nonconsensual disclosure of a private image in Louisiana (Louisiana RS 14:283.2)?

Louisiana law defines Nonconsensual disclosure of a private image as the situation when someone intentionally gives the photo or an image or another person who is 17 years and older and it is easy to note that that person can be identified from the photo and in the image, the private intimate parts of the other person are completely exposed or exposed in parts. The person who discloses the image got it under conditions the image would remain private between parties involved.

The person who discloses the image did it by intention and the other person in the image did not know and did not agree for the image to be disclosed to someone else. The person who discloses the photo has intentions to harass or cause serious mental and emotional pain to the person in the image. And the person who discloses the image would be penalized seriously under the court of Louisiana.

The law of Louisiana clearly states nonconsensual disclosure of a private image is when all of the following occur:

1. If you intentionally share the image of another individual who is seventeen years old or older without their consent. It also includes if this said person’s private parts are revealed in the said image.

2. If you intentionally collect or share the image, knowing fully well that the victim would have wanted it to remain private.

3 If you shared the image without the person’s consent, knowing fully well that the person wouldn’t have consented to it.

4. If you shared the image with the intention of blackmailing, hurting, or traumatizing the victim, knowing fully well that the action would cause the exact reaction.

6 Important things to know about nonconsensual disclosure of private image in Louisiana

Here are some facts that you may not be aware of when it comes to this crime in Louisiana. Some of these may not hold true in other states, but in Louisiana, they do.

1. You could spend up to ten thousand dollars and 2 years in prison for committing this crime.

2. The law defines a private image to be one that fully or partly shows a person’s genitals or/and pubic region. If this person is a woman, the pubic region will include the nipples, whether fully or partly shown.

3. It wouldn’t count against you if this person has previously shared the same image of himself or herself or if the person is a public figure who doesn’t have anything against the act and as such, a matter of public interest.

4. You would not be held accountable or liable if you shared the image with a law enforcement agency for the purpose of investigation.

5. If the image was shared by a criminal agency during their investigation or proceedings, it wouldn’t be held against them and the victim cannot file a lawsuit in that regard.

6. Disclosure does not constitute commission of the crime when the person depicted in the image voluntarily or knowingly exposed his or her intimate parts in a public setting.

Penalties for the crime of nonconsensual disclosure of private image in Louisiana

If you have been indicted, arraigned before a court, and eventually convicted of this crime, your punishment would be as follows:

-You would be made to pay a fine not exceeding the sum of ten thousand dollars ($10,000)

-You would face imprisonment for a period of time not exceeding two years with or without hard labor. Probation is allowed.

-Sometimes, depending on the gravity of the crime and the court’s perception of your commission of it, you would be made to both face probation and pay the fine.

Defenses to Nonconsensual disclosure of a private image in Louisiana

Possibly:

•           You had the consent of the owner of the photo to disclose it.

•           The image was seen on your device or in your possession by accident.

•           You were mentally ill when the particular crime was committed.

 

Defense Lawyer for Nonconsensual disclosure of a private image in Louisiana

Have you been accused of a Nonconsensual disclosure of a private image crime? If yes then don’t fight the criminal justice system alone. Contact Attorney Carl Barkemeyer, he will work tirelessly to get the best outcome for youWe well know that no two cases are the same. We will thoroughly review each detail of your case to ensure that you receive the best legal defense and that your rights are kept intact and protected.

It is said that if you’ve been charged for a criminal offense such as Nonconsensual disclosure of a private image, speak to a criminal defense attorney. Criminal records can have long-term consequences. A conviction record can lead to a higher and harder sentence for the future crime and it makes it difficult to come out of it. An experienced lawyer can assist you in navigating the criminal process and help you get out of the problem or reduce your sentence. Well, you’ve got a highly experienced attorney. He can get you out of this case or lessen your sentence irrespective of the circumstances. All you have to do is contact Attorney Carl Barkemeyer.

We will work hard to have your charges dismissed or reduced through an agreement. If eventually, your case goes to trial, Attorney Carl Barkemeyer will vigorously plead your case and try as much to secure a not guilty verdict. If in any case, a conviction is inevitable, or if you must plead guilty in the long run, we will work hand in hand with the prosecutors and the court to get you much lower sentence to get back to your life as quickly as possible.

It is very difficult to get yourself out from a criminal charge like Nonconsensual disclosure of a private image, getting a private photo from someone, and disclosing it without their consent.  You would need to get in touch with a strong and experienced attorney that will get you free. The Barkemeyer Law Firm has you covered. We are criminal defense attorneys that you give your trust with whenever you need help getting cleared.

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Louisiana criminal lawyers and DWI attorneys at the Barkemeyer Law Firm providing legal defense services for clients in Baton Rouge, Ascension, Livingston, Tangipahoa, Port Allen, Alexandria, New Orleans, Lafayette, Metairie, Kenner, Gretna, Hahnville, Chalmette, Slidell, St. Tammany, St. Charles, St. John, St. Bernard, Mandeville, Covington, Shreveport, Bossier, Jefferson, and all of Louisiana.

DISCLAIMER: The information on this website is not formal legal advice nor does it create an attorney-client relationship.

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