- Joined
- Oct 27, 2021
Except that the MN Supreme Court has said otherwise. I agree with @Strix454 that this is a lot of lifting by a court to stretch "intentionally," to knowing the pic was of an intimate area of the body, but they said what they said.If Aaron had been sent a photo with a wardrobe malfunction and Aaron forwarded it to Geno, EVEN IF HE DIDN'T ACTUALLY REALIZE WHAT WAS SHOWING IN THE PICTURE AT THE TIME, he could plausibly have still been in the same situation as he is now for allegedly sharing a full nude!
It's clear she sent it; that's in the complaint. And rereading the complaint seems clear she sent it to their group. But there were just 4 people in that group, not 400, and it was 4 people in some kind of complex intimate relationship(s) (even if just very close friends, or two swinging couples, or whatever). No one else was in that group.It goes to reasonable doubt, which is all Aaron needs. Whether the polycule existed or not, whether it was exclusive within the four of them, etc, all of that matters.
They can't just brush off how the photo came to be in Aaron's possession.
And IF they had the auto destruct feature on/ no idea if that can be changed individually, but it doesn't matter - if that was the agreed setting it's clear anything sent was meant to be private and unshareable, and IF that's the case, Aaron absolutely knew she didn't consent to further dissemination.
If you argued that you'd be doing too much, and also too little. The statute requires that the sharer knew or reasonably should have known that the subject did not consent. Not quite the same as requiring reasonable belief they did.If someone sends a nude to me they received from someone else, I could argue that bereft of any evidence to the contrary, I have every reason to think this nude was shared with consent.
The question is the starting reasonable assumption, which varies depending on circumstances. If your friend sends you a picture of his wife who is divorcing him while calling her a whore, and then you re-share, it's a bit hard to rebut that you should not reasonably have known she didn't consent. If you find some random's nude on an image-sharing site and know nothing about these people, then showing you reasonably should have known of nonconsent is harder. And within that situation, facts still matter: if it's clearly a peeper shot of the mayor's Orthodox wife, you are closer to reasonably knowing no consent; if it's a random selfie by whomever, you are very far away from "reasonably knowing the subject didn't consent" (though if there's a text overlay saying "for your eyes only - don't you dare share!!!!", you're in a less-good position, though probably a stretch). Examples aren't perfect, and again there's very little out there in MN on this, but I threw them in to illustrate the standard and that it is drafted in a way that should be highly fact- and relative relationship-specific.