Unauthorized dissemination of private images has become an increasing legal problem in today’s digital world, where smartphones, social media and instant messages facilitate capturing and sharing content.
In fact, the sharing of intimate images can now be as effortless as the publication of vacation photos, which is why many states, including Maine, have strengthened laws in recent years to fight against this serious offense.
Since 2015, the legal consequences in Maine for the dissemination of private images without authorization can be serious. The convictions for these offenses can lead to a permanent criminal record and a possible prison sentence, as well as other consequences.
Consider the offense in more detail and cover what you need to know if you or a loved one has investigated or have been charged under these laws.
Under the provisions of 17-A Mrs. ยง511-a, a person commits the unauthorized dissemination crime of certain private images if:
The law applies, that the image is originally shared. For example, if an individual from Maine voluntarily shares a private image with a partner during a relationship and this partner later shares it publicly or sends it to others without authorization, this can still lead to unauthorized dissemination fees.
The following scenarios are exempt from the accusations of dissemination of certain private images in Maine:
The unauthorized broadcast of certain private images is generally billed as a class D crime in Maine. It is an offense in terms of offense, but it can always have important consequences:
In addition to criminal sanctions, if the image was shared online or on social networks, the consequences of reputation for the person represented could lead to civil proceedings.
Certain aggravating circumstances with this offense could cause high sanctions or additional or more serious accusations:
Each of these aggravated versions of crime can withstand much more serious sanctions, in particular long prison conditions and compulsory registration as a sex offender.
How is this crime linked to “sextrusions” in Maine?
Sextoming is a term commonly used to describe a form of blackmail when an individual threatens to share sexually explicit images unless the victim complies with certain requests (generally more images, sexual acts or money).
Often, these cases imply that predators land online as adolescents and requested illicit images, which they use to exploit the victims of minors. Boys aged 14 to 17 and girls aged 12 to 17 are considered to be the most at risk.
The term “sextrusions” does not appear in the criminal laws of Maine, but the behavior which he describes is approached under several criminal laws:
The accusations of sextrusions can lead to multiple accusations of crime depending on the circumstances, especially if the alleged victim is minor.
It should be noted that state representatives are concerned about an increase in these types of crimes – in particular those that involve minors – and the Maine’s judicial system is reprimanded hard for offenders.
How do you defend against accusations of unauthorized dissemination?
The accusations of dissemination of images without authorization should be taken seriously. If costs are placed, you are facing more than simple reputation losses.
However, the skills and experience of a criminal defense lawyer who knows these cases can help you avoid the worst consequences.
The process begins with the evaluation of evidence, the protection of your rights and the construction of a solid defense. Each case is unique and the strategies depend on the specific circumstances, but the defenses are generally based on one of the following arguments:
- Lack of intention: The accused has not knowingly or intentionally disseminated the image.
- Consent: The person represented had previously agreed to share the image of how they were distributed.
- Lack of expectation in terms of confidentiality: The image was taken or shared in a context without a reasonable expectation in terms of privacy.
- Erroneous identity or false accusation: The accused person is not the person who shared the image.
What to do if you have been accused or billed
If you are the subject of a survey or have been charged with the unauthorized dissemination of private images in Maine, do not try to explain or defend yourself to police officers or others.
It is better to remain silent until you can exercise your right to a legal advisor, like all that you say can (and probably will) be used against you before the court.
Here is what to do:
- Immediately contact a criminal defense lawyer.
- Do not delete or change any evidence, such as phones, SMS or emails.
- Avoid contacting the alleged victim, as this could lead to additional accusations such as falsification or harassment of witnesses.
- Gather all the relevant information, including communication recordings or prior consent.
Speak today with a Maine criminal defense lawyer
The consequences of being condemned under the Maine unauthorized dissemination law can follow you for years, even if the accusation is considered an offense.
With qualified legal assistance, you have better chance of avoiding a criminal record and the worst consequences of the accusation.
For experienced legal aid and support for the unauthorized dissemination of private images, call the Maine Criminal Defense Group to207-571-8146 For an initial case assessment.