If the case goes to trial, it will have to be demonstrated that a reasonable person would infer that an expectation of privacy existed based on the circumstances that the photo was sent to Aaron.
No, the prosecution will have to show that a) the
defendant knew or reasonably should have known that
the person in the photo did not consent and b) the
defendant knew or reasonably should have known that
the person in the photo had a reasonable expectation of privacy.
It's not what a random "reasonable person" would believe. It's about
this person and
that person.
Yes, a lot of reasonableness. But a person sharing a nude pic with a lover or polycule/private group in itself does not operate as consent to that person or those people further disseminating the picture. The presumption is that things shared privately are intended to be private. It's a high hill to claim, absent a clear statement otherwise, to suggest he shouldn't reasonably have known she didn't consent to him sending it around, and also that it wasn't reasonable for him to believe she had a reasonable expectation of privacy about private pictures made or shared privately.
Statute:
(2) the actor knows or reasonably should know that the person depicted in the image does not consent to the dissemination; and
(3) the image was obtained or created under circumstances in which the actor knew or reasonably should have known the person depicted had a reasonable expectation of privacy.
Now, if the group chat was preserved, there could be texts in there that be sufficient to do that on their own... But from what I understand of Nick's usual practice with Signal, he sets the chats to auto-delete. In that case, there's no way around it, and it would become NECESSARY to define what the parameters were of the polyamorous relationship between Nick, Kayla, April, and Aaron so as to establish the existence of that expectation of privacy.
A polycule or swinging group, as ick as it is, is still an intimate relationship. It's never been suggested, even by Aaron, that the ethos of the thing was a total free-for-all, spread my personal bits around to anyone and everyone. Maybe that will come out, but none of them have acted in any way to suggest that. Very much the opposite.
How far away are your neighbors?
View attachment 6371001
My raccoon removal toolkit has some assembly required.
Lol, I think they can relocate them to actual wild places. Another
place specifies:
Willmar, MN Raccoon and Squirrel Removal
The professionals at Francis Animal and Pest Control of Willmar, MN will take care of your raccoon and squirrel removal needs in a safe and humane way. We trap the animals and then unleash them in a safe place in the wild.
And
here's another. And of course the #1 way to keep them coming around is
not to have food out for them.