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Revenge porn DV & RPC

  • 1.  Revenge porn DV & RPC

    Posted 09-11-2013 04:29 PM
    PC broke up with boyfriend who, following unsuccessful blackmailing of her into continuing a relationship, put photos of her on a "revenge porn" website.  They're XXX rated.

    This ticks me off.  I assume it will qualify as harassment under the DV Act for a TRO.  It also appears from what I've seen on the web that it's a third degree crime under N.J.S.A. 2C:14-9  (An actor commits a crime of the third degree if, knowing that he is not licensed or privileged to do so, he discloses any photograph, film, videotape, recording or any other reproduction of the image of another person whose intimate parts are exposed or who is engaged in an act of sexual penetration or sexual contact, unless that person has consented to such disclosure. (NOTE: A fine not to exceed $30,000.00 may be imposed for a violation of this subsection.)

    Four questions -

    1.  Anyone ever seen one of these under the DV Act?  My only concern would be that "the eagle has flown" - she would have to allege what, that he'll further publicize them?  That she's in fear that he'll direct more people to the website?

    2.  Would it violate the RPC's for me to contact this guy and instruct him that he needs to get these off every single website, and that his doing so (or not doing so) will affect how hard she pushes on an indictment (i.e., whether she pushes to see him do time)?  I'm not "seeking advantage in a civil matter by threatening criminal prosecution".... this prick is going to be prosecuted regardless.  The question is whether he ends up on probation or with a roommate named Bubba.

    3. Like most real DV cases, she may be too upset to do anything at all about it.  She can't discuss it without breaking into tears and truly "losing it" to where she can barely speak.  I've never done so before, but I'd accompany her to get the TRO (I already told her that the only legal fees will be those he pays - pro bono otherwise).  There's no prohibition against an attorney doing so, right?

    4.  Any chance I'd succeed on making a motion from the outset to address the case by its initials?  Not talking about "sealing" it, just doing what can be done to maintain her privacy.



    David Perry Davis, Esq.
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    The Law Office of David Perry Davis
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    112 West Franklin Avenue
    Pennington, NJ 08534
    Voice: 609-737-2222
    Fax:    609-737-3222



  • 2.  RE:Revenge porn DV & RPC

    Posted 09-11-2013 04:37 PM
    David:
    Its per se domestic violence. See McGowan v. O'Rourke, 391 N.J. Super 502
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    Frank Tournour Esq.
    East Brunswick NJ
    (732)418-9772

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    Original Message


  • 3.  RE:Revenge porn DV & RPC

    Posted 09-11-2013 04:41 PM
    She should report it to the police first.  Then get the TRO and FRO.

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    Carol Weil Esq.
    Laurel Springs NJ
    (856)352-0050

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    Original Message


  • 4.  RE:Revenge porn DV & RPC

    Posted 09-11-2013 04:45 PM


    See McGowan v. O'Rourke, 391 N.J. Super. 502 (App. Div. 2007) (the single act of mailing nude photographs to a third-party constituted harassment, even if no prior history of domestic violence).

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    Curtis Romanowski Esq.
    Senior Attorney - Proprietor
    Brielle NJ
    (732)603-8585

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    Original Message


  • 5.  RE:Revenge porn DV & RPC

    Posted 09-11-2013 05:02 PM
    The appellate decision in McGowan v. O'Rourke, 391 N.J. Super. 502 (App. Div. 2007) did not address internet postings on an anonymous website. O'Rourke mailed naked pictures  and I do not believe that there was any question as to who was the author of the mailing.

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    Richard Diamond Esq.
    Millburn NJ
    (973)379-9292

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    Original Message


  • 6.  RE:Revenge porn DV & RPC

    Posted 09-11-2013 05:07 PM

    Richard's comments on McGowan are correct.
    It may be per se DV if proven, but needs to be proven.
    Moral of the story: Generally not a great idea to let yourself be photographed naked.
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    Curtis Romanowski Esq.
    Senior Attorney - Proprietor
    Brielle NJ
    (732)603-8585

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    Original Message


  • 7.  RE:Revenge porn DV & RPC

    Posted 09-11-2013 05:24 PM

    Thanks, all, especially for the case cite.  There's no kids, no property - they were never married.  She's 19 (one of the pictures may have been from when she was 17, which will open a whole new ball of wax).  So, I see no reason to fake this.  And, while we can all be fooled, her demeanor is pretty convincing.  Also, we can and would subpoena IP addresses if need be - but I think for purposes of a TRO, the testimony that "I know those pictures.  He took them.  I never authorized him to distribute them to anyone else" should be sufficient.  The criminal statute doesn't require internet posting, just distribution to a third party.  If he's going to claim his cell phone was coincidentally stolen after he attempted to blackmail her (via text and email) into sex post-break-up, well, that's why we have judges to determine credibility.  I'm not sweating that part.


    Any comments on questions 2, 3, & 4?



    David Perry Davis, Esq.
    ----------------------------------------------------
    The Law Office of David Perry Davis
    ----------------------------------------------------
    112 West Franklin Avenue
    Pennington, NJ 08534
    Voice: 609-737-2222
    Fax:    609-737-3222



  • 8.  RE:Revenge porn DV & RPC

    Posted 09-11-2013 05:47 PM
    Dave,
    There is no prohibition against accompanying her to court in order to get the TRO. 
    I've only done it on one occasion (a bit more hand holding than lawyering considering it is an ex-parte proceeding).

    Regarding using initials of victim, there may be something in NJSA 47:4-1 (Address Confidentiality Program Act).  It's a longshot but worth a look.  

    Stay away from contacting the jerk regarding the easy push/hard push.  That comes too close to the civil- criminal line.
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    Lisa M. Radell, Esq.
    207 South Main Street
    Cape May Court House, NJ 08210
    Phone (609) 465-9910
    Fax (609) 465-9920
    E-Mail [email protected]
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    Original Message


  • 9.  RE:Revenge porn DV & RPC

    Posted 09-11-2013 05:51 PM
            Sorry for being such a cynic, but simply  running into court claiming  that the other side posted naked pictures  might not  meet the threshold proof requirements especially where the other side denies making the posting. 
            The taking of naked pictures is similar to the sharing of a secret among 3 or more and G Gordan Liddy said it best, when he said that such a secret only stays a secret if all but one are no longer alive.

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    Richard Diamond Esq.
    Millburn NJ
    (973)379-9292

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    Original Message


  • 10.  RE:Revenge porn DV & RPC

    Posted 09-12-2013 08:03 AM
    Some people really need to work on developing a better visual memory.

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    Curtis Romanowski Esq.
    Senior Attorney - Proprietor
    Brielle NJ
    (732)603-8585

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    Original Message


  • 11.  RE:Revenge porn DV & RPC

    Posted 09-11-2013 04:58 PM
            I was a mediator recently in a case where there were allegations that one party still had possession of naked pictures of the other party. The other party denied that he still had any pictures of his wife in the nude. Therefore one of the issues addressed was what happens if those naked pictures surface and are published and how could one party prove that the other party actually posted them versus a posting by another or even a posting by the party reflected in the pictures. 
            And while I highly doubt that anyone would want to post naked pictures of themselves and then claim that the other party posted them for purposes of seeking relief from the court, we have all seen bizarre behavior in the family court before..... so not sure how you are going to prove that the other party actually is responsible for the posting ( which is the foundation of your claim for a dv) absent his acknowledgement of such action.
            Seems to me that you still need more information before running into court especially if the other side  simply denies any responsibility / connection to the posting.  

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    Richard Diamond Esq.
    Millburn NJ
    (973)379-9292

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    Original Message