I obtained this information from an old phone she had left at my house, while married and we still technically are married I had unlimited access to the phone and all of her passwords. Im wondering if this constitutes revenge porn or if the way I accessed it invalidates it? Any advice is welcome state of Montana if that helps.
Location: Montana
Comments
If you have a lawyer for your divorce you need to give him that right away. I’d also file a police report since sharing of nude images is explicitly against Montana law:
“AN ACT REVISING LAWS RELATED TO PRIVACY IN COMMUNICATIONS; AND AMENDING SECTION 45-8-213, MCA. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA: Section 1. Section 45-8-213, MCA, is amended to read: “45-8-213. Privacy in communications. (1) Except as provided in 69-6-104, a person commits the offense of violating privacy in communications if the person knowingly or purposely:
…
(d) with the purpose to terrify, intimidate, threaten, harass, or injure, publishes or distributes printed or electronic photographs, pictures, images, or films of an identifiable person without the consent of the person depicted that show: (i) the visible genitals, anus, buttocks, or female breast if the nipple is exposed;”
https://archive.legmt.gov/bills/2019/billpdf/HB0192.pdf
This is 100% revenge porn. Talk to a lawyer asap!
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Should she have done that? NO! Should she be ashamed for doing that? YES. Can you show her grace! If you want to. To continue to escalate a situation normally helps no one except the attorneys. It sounds like the relationship is over regardless. Maybe the two of you could agree to at least not hurting each other anymore. Prayers for calmness for both of you.
Yeah, there is no way I would goto court 3 or 4 times for that. Unless you really want to burn her and get something on her record. Probably get probation and removed from record after a year or two.