Disseminate Photograph of Unsuspecting Nude Person

Definition

Photographing, videotaping or electronically surveilling partially nude or nude people, or the sexual or other intimate parts of a person, is a criminal offense in Massachusetts.

Electronic surveillance includes viewing, obtaining, or recording a person’s visual image with a camera, cell phone, computer, television, or other electronic or wireless communication device.

Disseminating Photographs of Unsuspecting Nude Person(s), or sometimes known as Photograph Sexual or Intimate Parts w/out Consent, is defined by Massachusetts law as:

(b) Whoever willfully photographs, videotapes or electronically surveils another person who is nude or partially nude, with the intent to secretly conduct or hide such activity, when the other person in such place and circumstance would have a reasonable expectation of privacy in not being so photographed, videotaped or electronically surveilled, and without that person’s knowledge and consent, shall be punished by imprisonment in the house of correction for not more than 21/2 years or by a fine of not more than $5,000, or by both such fine and imprisonment.

Whoever willfully photographs, videotapes or electronically surveils, with the intent to secretly conduct or hide such activity, the sexual or other intimate parts of a person under or around the person’s clothing to view or attempt to view the person’s sexual or other intimate parts when a reasonable person would believe that the person’s sexual or other intimate parts would not be visible to the public and without the person’s knowledge and consent, shall be punished by imprisonment in the house of correction for not more than 21/2 years or by a fine of not more than $5,000, or by both fine and imprisonment.

Whoever willfully photographs, videotapes or electronically surveils, with the intent to secretly conduct or hide such activity, the sexual or other intimate parts of a child under the age of 18 under or around the child’s clothing to view or attempt to view the child’s sexual or other intimate parts when a reasonable person would believe that the person’s sexual or other intimate parts would not be visible to the public shall be punished by imprisonment in the house of correction for not more than 21/2 years, by imprisonment in the state prison for not more than 5 years, or by a fine of not more than $10,000, or by both such fine and imprisonment.

(c) Whoever willfully disseminates the visual image of another person, with knowledge that such visual image was unlawfully obtained in violation of the first and second paragraphs of subsection (b) and without consent of the person so depicted, shall be punished by imprisonment in the house of correction for not more than 21/2 years or in the state prison for not more than 5 years or by a fine of not more than $10,000, or by both such fine and imprisonment.

Whoever willfully disseminates the visual image of the sexual or other intimate parts of a child under the age of 18, with knowledge that such visual image was unlawfully obtained in violation of the third paragraph of subsection (b) shall be punished by imprisonment in the house of correction for not more than 21/2 years or in the state prison for not more than 10 years or by a fine of not more than $10,000, or by both such fine and imprisonment.

Requirements for Conviction

In order to secure a conviction, the prosecution will need to prove that:

1. the defendant photographed, videotaped, or conducted electronic surveillance of another person
2. the defendant did so willingly
3. the defendant intended to conduct that activity secretly or to hide that activity
4. the other person was nude or partially nude during the photographing, videotaping or surveilling
5. the other person was in a place or in circumstances that he or she would have reasonable expectation of privacy,  and
6. the other person did not have knowledge or did not give consent to these actions

There is also a related charge of dissemination of this material. In these cases, the prosecution will have to prove that:

1. the defendant did in fact disseminate the visual image of another person
2. the defendant did so willingly
3. the defendant knew that the image was obtained unlawfully, and
4. the other person did not consent to the dissemination of the image

Penalties

There are several different criminal situations where a person could be charged in this regard, including when the alleged victim is under 18, which carries a heavier penalty.

If images are captured unlawfully of a person who is over the age of 18, these actions are punishable by imprisonment in the house of corrections for up to 2 ½ years, or by a fine of up to $5,000, or both.

If the defendant is found guilty of dissemination of those materials, or if images were captured unlawfully of a person under the age of 18, these offenses are punishable by imprisonment in the house of correction for up to 2 ½ years, by imprisonment in the state prison for up to 5 years, by a fine of up to $10,000, or by both a fine and imprisonment.

If a person disseminates the images of someone under the age of 18, this is punishable by imprisonment in the house of correction for up to 2 ½ years, by imprisonment in the state prison for up to 10 years, by a fine of up to $10,000, or by both a fine and imprisonment.

Defense Attorneys for Disseminate Photograph of Unsuspecting Nude Person

Charges of photographing and/or disseminating unsuspecting nude photos is a serious allegation, with potentially life-altering consequences.  We are experienced criminal defense attorneys with proven success in difficult and complex sex crime allegations.  If you are or a loved one is facing charges, call us at 781-797-0555 today.  We can help.