Many people take explicit pictures when they’re in a relationship. They may text these pictures to each other or take them together. This has become even more common because now almost everyone has a smartphone with a camera built in. This makes it very easy and convenient, and photos are stored digitally forever.
When people break up, many of them admit that they keep these pictures. Some do say that they think it’s the right thing to do to delete photos of their ex. But others will say that they own the photos and so they should be allowed to keep them, even if they’re no longer dating that person. But what does the law say?
You can never share explicit pictures
As a general rule, it is not illegal to keep those explicit pictures. They are your property, either because you took them with the consent of your partner or because they were given to you as a gift. Consent is important. It is illegal to have explicit photos that were taken without the other person’s knowledge. But it’s not illegal as long as they approved it at the time.
The big problem comes if you share those photos with anyone else. People will sometimes show their friends or, if they’re feeling spiteful about the breakup, they’ll post the pictures or videos online. Doing this would be a violation of the law and of your ex’s rights. But simply possessing the photos yourself is not.
That said, if you’re facing any sort of accusations, it’s important to take them very seriously. Get help to look into all of your legal defense options.