• Practice Areas • Practices • Federal civil action relating to disclosure of intimate images under 15 U.S.C. § 6851
The statute narrowly defines such images as those of uncovered genitals, public area, anus, or post-pubescent female nipple of an identifiable individual; the transfer of bodily sexual fluids to or from identifiable individuals; or an identifiable individual engaging in sexual conduct. 15 U.S.C. § 6851(b)(2).
This means that someone sharing, without your consent, your nude and naked images is liable. And this includes photographs and videos.
The statute makes it illegal for anyone to disclose such intimate images without consent. The term “disclose” means, the statute says, “to transfer, publish, distribute, or make accessible.” 15 U.S.C. § 6851(b)(1).
If someone disclosed, under these definitions, such intimate images without your consent, you have the right to take legal action under federal law. This includes circumstances in which those intimate images were shared through the internet or social media, including messaging platforms. 15 U.S.C. § 6851(a).
But note: 15 U.S.C. § 6851 does not protect commercial pornography unless it was produced under coercion, fraud, or misrepresentation. 15 U.S.C. § 6851(e).
This federal statute even bars disclosing someone’s intimate images to oneself (transferring them) without that person’s expressed consent.
One such case that Chandra Law handled was that of a Port Clinton, Ohio firefighter/EMT. The suit alleged that her boss, Port Clinton Fire Chief Kent Johnson, by deception, pretext, and coercion demanded access to the firefighter’s personal cellphone, and then secretly took with his own phone pictures of her private, intimate images. After the Ohio Bureau of Criminal Investigation found those intimate images in the Google cloud associated with his phone, he was criminally indicted and convicted in state court of stealing those images—and sentenced to jail.
The Chandra Law Firm filed civil claims for the aggrieved firefighter case in federal court, including a claim for violation of the federal intimate-images statute, 15 U.S.C. § 6851(a), (b)(1).
The intimate-images statute provides that a court can order a defendant (the person who shared your images) to:
You may also have rights under state-law privacy torts, including similar parallel state revenge-porn statutes, invasion of privacy, and intentional infliction of emotional distress. And you may also be a crime victim, able to seek criminal charges against the offender.
The Chandra Law Firm LLC has experience litigating under the federal intimate-images statute, and is here to help you. Our firm is more likely to take such a case on a contingency, as opposed to an hourly or flat, fee if the defendant is financially collectible.
You may reach our firm, which serves clients throughout Ohio and the nation, preferably by filling out our secure online contact form in as much detail as possible about
Or, if necessary, you may call us at 888.500.5025. But the online contact form is best.