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She or he broke your heart, embarrassed you, ripped you off or took your child. You want to get back at her or him and you have that sexually explicit picture or video, which was made when times were good… DON’T DO IT. Do not share it with anyone or post it anywhere. In 38 states, sharing or posting that picture or video is now illegal. It doesn’t matter that she or he consented to the picture or video being made. In four of those 38 states, including Louisiana since 2015, sharing it or posting an intimate photo or video of a person, without consent, is a felony. In the other 34 states it’s a misdemeanor. The penalty in Louisiana is up to two years in prison, and up to a $10,000 fine if your ex was seventeen or older. Two years from now, that person won’t matter to you.

If your ex was thirteen to sixteen, you are also facing child pornography charges for possession, up to two years in prison and up to a $10,000 fine. Two years from now, that person won’t matter to you. If your ex was under age thirteen, you are facing 25 years to life in prison. For child pornography, you will also be subject to 25 years registration as a sex offender. Remember anyone under the age of eighteen cannot legally consent. The age of the photographer or videographer will not absolve them from criminal liability. In other words a fourteen year old can be prosecuted for making and distributing a video of a fifteen year old. Child pornography is punishable, without sharing or distribution.

If the picture or video of someone seventeen or older was taken or made without the other person’s consent, you are facing additional voyeurism charges and fifteen years as a registered sex offender. Voyeurism, a misdemeanor, is punishable by up to six months in jail and up to $500 fine. Two years from now, that person won’t matter to you. Voyeurism is for the possession of the picture or video and can be in addition to the revenge porn felony penalty if the image is shared or distributed. The only way to share or post amateur porn without, criminal exposure is if the subject is 18 or older, and signs and dates a consent that the picture or video may be made and distributed. This is the same kind of release used by any film maker or commercial photographer. So when the relationship ends, DELETE before you are tempted to do something stupid!

In addition to criminal penalties, revenge porn, voyeurism and child pornography can expose you to civil, financial penalties. You can be sued, lose your house, your assets seized, a personal injury settlement taken and an inheritance lost.

If you have ignored our advice and already posted a picture or video, take it down immediately, erase it from all electronic devices and call us before law enforcement shows up at your door with a warrant. However, erasing it does not erase the trail of your IP number. If you have been contacted by law enforcement, call us immediately and do NOT give a statement.

Ellen Cronin Badeaux, LLC, at 985-892-1955, has 25 years of criminal law experience in Amite, Baton Rouge, Chalmette, Covington, Denham Springs, Donaldsonville, Franklinton, Gonzales, Gretna, Hammond, Harvey, Kenner, Livingston, Madisonville, Mandeville, Metairie, New Orleans, Slidell in Ascension, East Baton Rouge, Jefferson, Livingston, Orleans, St. Bernard, St. Tammany, Tangipahoa and Washington Parishes.

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Testimonials

“I would like to thank your firm for everything you’ve done to help me keep 50/50 custody of my son. I came to you on very short notice but you knew exactly how to handle my case and I couldn’t be happier. I’m sure I will be working with you again in the future.”
Ryan

“After retaining two lawyers who made no progress, I retained Ellen Cronin Badeaux. Yesterday was our first hearing together and it was a major success. Ellen was professional, diligent, and a fighter…I am very glad I found her and will refer her to others without a doubt.”
Lyndsey

“Ms. Badeaux has been an excellent family attorney for us. Her time and personal commitment have allowed us to make informed decisions. We have had to trust her with very delicate and emotional issues and she has guided us to excellent outcomes. I will always appreciate the exceptional service she provides our family with. I have always liked the statement, “you get what you pay for”; and Mrs. Badeaux has been well worth it.”
Patricia

“Extremely knowledgeable and aggressive attorney. She has been our attorney for nearly 10 years. I highly recommend her for any family court matters.”
Mary

“I have used Ms. Badeaux as my attorney off and on for 15 years. She has settled everything without a fuss; including a personal injury suit, an estate settlement and the quick setup of a partnership. I will continue to use her as my attorney and happily recommend her to friends & family.”
Jean

“No one thought I could win but with her valuable service and exceptional legal knowledge, I did! I got my kids back and they’re still with me today. I highly recommend Ellen Badeaux. I would not have my kids today if not for her!”
Tammi

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