Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

Maraya1969

(22,550 posts)
Fri Jul 21, 2023, 07:56 PM Jul 2023

This law firm says what Marjorie 3 names has committed a crime.

https://levoritzlaw.com/distribution-images-without-consent/

Is it Illegal to Share Intimate Pictures Without Consent?

Posting and sharing sexually explicit or provocative content without your permission and against your will is considered a criminal act. Fortunately, New York has already criminalized and codified revenge porn. This, and other related offenses, as the criminal code states, can be the foundation of a strong prosecution that can ultimately lead to the arrest of your abuser.

Is Sextortion a Crime?

“Sextortion” is a colloquial term similar to revenge porn. What should a victim of sextortion do? Victims can take refuge in the criminal justice system to help them in their fight against sextortion and other related cyberabuse. Moreover, although the law allows complainants to file charges with the New York Police Department or any county police without assistance, it is highly recommended that you obtain a lawyer who can properly represent your case in the criminal context. Sextortion is a crime, but the law doesn’t use that term. With an attorney’s expertise, your case can be handled professionally and can be kept out of the public notice.

What If the Images Were Taken Without My Consent?

Further possible criminal charges if you were unaware that photographs were being taken of you include Penal Law 250.55 and 250.60, Dissemination of an Unlawful Surveillance Image, a potential misdemeanor or felony crime, given that the photographs uploaded were produced without your permission, in violation of Criminal Law 250.45 or 250.50, Unlawful Surveillance. While the law is more specific in its language, if a person records you without consent while having intercourse or takes intimate images of your body and does so for money, amusement, or sexual excitement, he or she will face up to a year in prison.

26 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
This law firm says what Marjorie 3 names has committed a crime. (Original Post) Maraya1969 Jul 2023 OP
Yes, but she is gop...laws dont apply to them. Eliot Rosewater Jul 2023 #1
Judge Cannon will get her case BOSSHOG Jul 2023 #7
As aggressive as his lawyers have been lately.... MyOwnPeace Jul 2023 #2
I vote for the year in prison. Emile Jul 2023 #3
K&R 2naSalit Jul 2023 #4
Lock Her Up ..... 10 years in the slammer with Lady Bertha as her Room mate Trueblue1968 Jul 2023 #5
However, she has tort immunity. WhiteTara Jul 2023 #6
But they said this is criminal. I don't think they get immunity from criminal actions. Maraya1969 Jul 2023 #10
we can hope. WhiteTara Jul 2023 #12
that's what i heard yesterday. i thought: "aww... shit!" nt orleans Jul 2023 #13
She also shared the same photos on her twitter account and sent them to constituents to fund raise PortTack Jul 2023 #14
I looked at the Constitution jmowreader Jul 2023 #16
Revenge porn? WhiteTara Jul 2023 #17
Have her register as a sex offender and can't live near a school. TheBlackAdder Jul 2023 #21
I don;t know if they can get her for the stunt in the hearing. The emails may be a different story. Gore1FL Jul 2023 #8
+1 crickets Jul 2023 #11
But for his last name, Hunter's conviction on federal tax and gun charges would make him a MAGA hero Marcuse Jul 2023 #9
Clause in the US Const. protecting Congressional speech and debate carpetbagger Jul 2023 #15
what was the outcome? WhiteTara Jul 2023 #18
US v Brewster carpetbagger Jul 2023 #22
Article I, Section 6... Hermit-The-Prog Jul 2023 #19
Those are open questions. carpetbagger Jul 2023 #23
Shame it's also not like $1,000 for each person who was sent it and viewed it. TheBlackAdder Jul 2023 #20
Was she in New York? Ms. Toad Jul 2023 #24
Maybe if Hunter lived in NY? nt. druidity33 Jul 2023 #25
In criminal matters, jurisdiciton is where the perpetrator acts. Ms. Toad Jul 2023 #26

Eliot Rosewater

(31,180 posts)
1. Yes, but she is gop...laws dont apply to them.
Fri Jul 21, 2023, 08:13 PM
Jul 2023

I know people get sick of hearing this from me and others, but I dont see cons ever being held accountable.

Not cons in positions of power anyway, and for everyone someone might point out to me there are 50 who should be and arent.

BOSSHOG

(37,253 posts)
7. Judge Cannon will get her case
Fri Jul 21, 2023, 08:55 PM
Jul 2023

I’m not sick of hearing it. Cons don’t know how to lead, govern or manage money. But they do what is important to them, manipulate the legal system. Billionaires aren’t overly concerned about elected officials, they’d rather invest in the judiciary.

MyOwnPeace

(16,974 posts)
2. As aggressive as his lawyers have been lately....
Fri Jul 21, 2023, 08:14 PM
Jul 2023

I'm sure we've not heard (or seen!) the last of this issue!

PortTack

(32,872 posts)
14. She also shared the same photos on her twitter account and sent them to constituents to fund raise
Fri Jul 21, 2023, 09:55 PM
Jul 2023

So not just shared on the congressional floor.

jmowreader

(50,643 posts)
16. I looked at the Constitution
Fri Jul 21, 2023, 09:57 PM
Jul 2023

It says members are privileged from arrest except in cases of treason, felony or breach of the peace. First Degree revenge porn is a felony. You remember when Larry Craig, Idaho’s Least Embarrassing Politician, got arrested for trying to pick up gay bathroom sex in the Minneapolis Airport. They hauled his ass right to the slammer and didn’t care what he did for a living.

The only remaining question: if Marjorie Three Affairs is hauled off to jail for turning C-SPAN into a porn channel, will they arrest her on the House floor, in her office or on the street

Gore1FL

(21,221 posts)
8. I don;t know if they can get her for the stunt in the hearing. The emails may be a different story.
Fri Jul 21, 2023, 09:06 PM
Jul 2023

It will be interesting to see how this plays out.

Their obsession with Hunter Biden may play well to the base, but I don't know who else cares.

carpetbagger

(4,398 posts)
15. Clause in the US Const. protecting Congressional speech and debate
Fri Jul 21, 2023, 09:56 PM
Jul 2023

She's pretty immune from the committee presentation. For emailing constituents, the courts would have to determine that the function was not legislative but rather political. The last big ruling was US v Brewster.

carpetbagger

(4,398 posts)
22. US v Brewster
Sat Jul 22, 2023, 12:29 AM
Jul 2023

The acceptance of a bribe was considered to be a crime independent of whatever was legislatively promised. This was in the 1970s. In the decision, the USSC spoke of nonlegislative duties, including newsletters, and leaned towards noninclusion of that as legislative functions.

Hermit-The-Prog

(33,782 posts)
19. Article I, Section 6...
Fri Jul 21, 2023, 10:08 PM
Jul 2023
The Senators and Representatives shall receive a compensation for their services, to be ascertained by law, and paid out of the treasury of the United States. They shall in all cases, except treason, felony and breach of the peace, be privileged from arrest during their attendance at the session of their respective Houses, and in going to and returning from the same; and for any speech or debate in either House, they shall not be questioned in any other place.

[ ... ]
https://www.law.cornell.edu/constitution/articlei


Has eMpTy committed treason, felony, or breach of the peace? Was the mass email a "speech or debate in either House", or can she "be questioned" about it outside Congress?

carpetbagger

(4,398 posts)
23. Those are open questions.
Sat Jul 22, 2023, 12:37 AM
Jul 2023

I think it would be a stretch to include the speech/pic show as a felony. It could be prosecuted as such but would be unlikely to be the kind of thing intended by the clause and would likely be vacated by a sympathetically conservative and paid for court.

The email issue is more open. US v. Brewster spoke about nonlegislative functions, including newsletters. I would think that a general political screed by email about Hunter Biden would not be protected. I think a reporting of the speech may be protected. I don't care to see Hunter Biden's winkie, the Russian pee tape if it is real, or whatever Greene has in the box of VHS tapes, so I don't know what Greene's thing was in the email. .

Ms. Toad

(34,220 posts)
24. Was she in New York?
Sat Jul 22, 2023, 01:40 AM
Jul 2023

The law firm is opining on the law of New York, not on her actions. Each state has its own laws. Unless I missed something, it is almost certainly not New York law that will apply.

Ms. Toad

(34,220 posts)
26. In criminal matters, jurisdiciton is where the perpetrator acts.
Sat Jul 22, 2023, 01:15 PM
Jul 2023

A lot of people don't understand that we have more than 50 different sets of criminal laws in the US, and what is a crime in one state is not always a crime in another jurisdiction.

Latest Discussions»General Discussion»This law firm says what M...