Do not take lightly
In a digital world where we are constantly online, it is easier than ever to send pictures and messages. However, with the growing popularity of smartphones and social media, the proliferation of nude images has also intensified.
Sending nude pictures can have devastating consequences for victims, especially if it is done without their consent or privacy protection. In this article, we will examine what can be done legally against sending nude images and what measures can be taken to protect against it.
Anyone who sends a nude picture of someone else without the consent of the person depicted is committing a violation of personal rights. In such a case, the data subject shall be entitled to injunctive relief and damages. In addition, sending nude pictures without consent may also be a criminal offense.
Sending strangers nude pictures: What the law says
In the Criminal Code, there are various offenses that make the unauthorized dissemination of nude images a punishable offense. These include sections 184k (dissemination of pornographic writings) and 201a (violation of the highly personal sphere through image recordings) of the German Criminal Code (StGB). Sending nude pictures is punishable by law!
§ Section 184k of the German Penal Code (StGB) prohibits the transmission of pornographic writings, including nude images, to a person under the age of 18 or making them accessible. Anyone who violates this regulation commits a criminal offense and can be punished with a prison sentence of up to three years or a fine.
§ Section 201a of the German Criminal Code (StGB) criminalizes the dissemination of images that violate the highly personal sphere of life of a person. This also includes nude images that are disseminated without the consent of the data subject. The penalty for such an offense may be imprisonment for up to two years or a fine.
Sending nude photos without consent: Legal consequences for the offender
Anyone who sends nude pictures without permission must expect serious legal consequences. Apart from criminal prosecution, the perpetrator also faces civil consequences. The victim may claim damages and compensation for pain and suffering from the offender.
In a case heard by the Berlin-Charlottenburg District Court in 2017, a woman had sent a nude picture to the ex-boyfriend of an acquaintance, in which she could be seen. The ex-boyfriend spread the picture further. The court sentenced him to a fine of 1,200 euros and ordered him to pay the injured party compensation for pain and suffering in the amount of 800 euros.
In another case, which was heard by the Berlin Regional Court in 2018, a woman had also sent a nude picture of herself to a man. The man sent the picture to friends and acquaintances. The court sentenced him to a fine of 4800 euros and obliged him to pay the injured party compensation for pain and suffering in the amount of 3000 euros.
Tips for dealing with nude pictures
Anyone who wants to send nude pictures themselves should always obtain the consent of the person depicted. Even if it is your own partner, sending nude pictures without consent can have criminal and civil consequences.
To protect yourself from sending nude pictures, there are several measures that can be taken. One way is to avoid sending nude pictures from the very beginning. It is important to be aware that images and messages on the Internet are not always safe and that they can easily fall into the hands of third parties.
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If you still decide to send nude pictures, you should make sure to send them only to trustworthy people. It is also important to make sure that you really know and trust the recipient. Another option is to check privacy settings on social media and messenger apps and make sure that only close friends have access to pictures and messages.
This article does not constitute legal advice.
If you have sent nude pictures yourself and have been reported, please consult a lawyer immediately. If you are a victim of such an act, please go to the police and file a complaint.
If you have been the victim of a crime, you can file a criminal complaint at your local police station. To do this, you must come in person or make an appointment. It is advisable to bring an ID or passport and as much evidence as possible, such as witness statements, photos or documents. The police will then take up your complaint and, if necessary, initiate further investigations. It is important to file the report as soon as possible so that the investigation can begin promptly.
Meanwhile, this can often be done online at www.polizei.de/.at/.ch, where you can find the police departments of the individual states/cantons.
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