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Von Miller Being Sued For Sharing Explicit Photos of A Former Lover


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I love the cases where the plaintiff comes out.of nowhere and sues over pain and suffering due to the embarrassing video they took part of.  Before suing your partner in crime No-one really knew you, after alerting the media to who you are, holding a press conference and sueing someone everyone knows who you are.  You have just brought a ton of attention onto yourself and ensured everyone sees the video 

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22 hours ago, millworkguy said:

I love the cases where the plaintiff comes out.of nowhere and sues over pain and suffering due to the embarrassing video they took part of.  Before suing your partner in crime No-one really knew you, after alerting the media to who you are, holding a press conference and sueing someone everyone knows who you are.  You have just brought a ton of attention onto yourself and ensured everyone sees the video 

 

Making a recording or video of sex is not a crime, so how is Miller her "partner in crime"? 

 

I agree that allowing oneself to be recorded doing those things puts one at risk for it being shared with others, does not mean that sharing it is legal and acceptable. (Especially if it was agreed the photos would be kept private.) Not sure why you think its OK or are so ready to trash this woman. Guess it shouldn't surprise how some sports fans feel everything is OK so long as the guy can throw run or catch. And that any woman who comes forward to say they did something must just be looking for money.

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3 hours ago, stevegrab said:

 

Making a recording or video of sex is not a crime, so how is Miller her "partner in crime"? 

 

I agree that allowing oneself to be recorded doing those things puts one at risk for it being shared with others, does not mean that sharing it is legal and acceptable. (Especially if it was agreed the photos would be kept private.) Not sure why you think its OK or are so ready to trash this woman. Guess it shouldn't surprise how some sports fans feel everything is OK so long as the guy can throw run or catch. And that any woman who comes forward to say they did something must just be looking for money.

 

 My post never mentioned her, or him.  It was a comment about society and how quickly these suits appear and disappear, and that i often find the victims "pain and suffering " is amplified by the publicity of their suit. As I seem to hear about a new one daily, and didn't know their name prior to hearing about the suit, they seem to be their own worst enemy, and I didn't bother to even read the article,  

 

I never posted an opinion of the validity or her suit, nor that one was excused from doing it.   I'm a big believer in the rights of consenting adults to do what they wish, even those who identify as LGBTQ2+ 

 

Partner in crime wasn't a reference to an actual crime, it was reference to the activity that the 2 of them consented to engage in,  as it often is.

 

 I started writing a reply,  then thought for a moment- wondering if I was replying to steve- and sure enough, I am.

 

Edited by millworkguy
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Is this illegal? Sounds legal to me. He didn't share it publicly, just to two people. If you consent to pictures especially, I don't think there is any reasonable expectation they can't be shown to others, especially in a limited fashion that doesn't affect ones overall public image/reputation, etc. If this were true then millions of Americans would be guilty.

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16 minutes ago, purplemonster said:

Is this illegal? Sounds legal to me. He didn't share it publicly, just to two people. If you consent to pictures especially, I don't think there is any reasonable expectation they can't be shown to others, especially in a limited fashion that doesn't affect ones overall public image/reputation, etc. If this were true then millions of Americans would be guilty.

I believe that it is illegal for the person who took the image to share the video without consent.   I think as an individual who receives the video there is no obligation on your part to prove the video is licensed to share.  I've had to sign release forms on a few occasions for an image (of me or my kids) to be shared, that's also why actors are able to sue over use of their likeness,  and their have been tons of lawsuits over sex tapes etc etc. 

 

An aside - I know it gets even more complicated if the images are of a minor, and in several cases here they has actually charged young women with crimes after sharing images of themselves.

Edited by millworkguy
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1 hour ago, millworkguy said:

I believe that it is illegal for the person who took the image to share the video without consent.   I think as an individual who receives the video there is no obligation on your part to prove the video is licensed to share.  I've had to sign release forms on a few occasions for an image (of me or my kids) to be shared, that's also why actors are able to sue over use of their likeness,  and their have been tons of lawsuits over sex tapes etc etc. 

 

An aside - I know it gets even more complicated if the images are of a minor, and in several cases here they has actually charged young women with crimes after sharing images of themselves.

It sounds like the laws are a little vague. If he posted it publicly in order to shame or embarrass her or to make money off it, or God forbid a minor, then yes I think it would be relatively clear. He didn't send it indiscriminately on the web for anyone to view, just two people, but he also sent it so he no longer had control of it, not sure if that qualifies as 'publicly'. Also each state has their own revenge porn laws, this said it was from May 2020, before he was traded to LA, but still filed in LA so not sure exactly where it happened.

Here is each state's laws. 

https://www.findlaw.com/criminal/criminal-charges/revenge-porn-laws-by-state.html

 

Edited by purplemonster
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Showing the picture to somebody is one thing, all of us show others pictures we've taken, including of other people. None of us are getting consent before we do that. But sending pictures/videos is a bit different, especially when they are of an explicit nature (including nudity or sexual acts). Not sure how much the details of those revenge porn laws matter, since this is a civil case. 

 

There's also the issue of the person consenting to even being photographed or recorded, though it does not appear to be an issue in this case). 

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I agree with millworkguy in that it seems to be clearly illegal to show the photos but it appears intent and effect on the victim matter. And if her goal was to not bring attention to this she has just done the opposite as very few people knew previously.

 

I am sharing the MN law below which is explained well here. In MN, it sounds like they get reimbursed on whatever money the victim loses, or whatever Von profits, both of which are zero I assume. So I assume she is suing based on pain and suffering. 

 

Is It Illegal To Show My Friends, But Not Post The Image Online?

Yes. You can be convicted under this statute for merely showing a photo to another without uploading it to the internet. This includes if you show a photo saved to your phone to a friend without the subject’s permission.

The law also applies to videos, tangible photographs, and other recordings.

What If The Subject of The Photo Is Partly Clothed?

The law does not differentiate between nude and partially nude images. Specifically, the law forbids sharing these private images that depict sexual acts or the exposure of someone’s “intimate parts”.

What If The Subject of The Photo Is Unidentifiable?

The identity of the subject must be ascertainable from the photo or information displayed in connection with the photo for the act of sharing it to be illegal.

Is It Still Illegal If I Was Asked To Take The Photo?

Yes. The statute specifically notes that it is not relevant if the offender was given permission to take the photo. The law differentiates between one’s permission to take the photo and their permission to share that photo.

This law does not outlaw pornography but merely the unauthorized sharing of pornographic images.

Can I Be Sued For Sharing A Private Image?

Even if you are not convicted under the criminal section of the law, you may be sued for the same act because the law created civil liability for the act as well. A private individual may bring suit in Minnesota against another person for sharing their explicit photos without permission.

If found guilty, the court may order you to pay the plaintiff for any financial loss they incurred as a result of the illegal photo sharing or the amount of any profit you may have made from the act.

In addition to financial loss or gain from the photo, you may also have to reimburse the plaintiff for the cost of their attorneys.

https://www.heefnerlaw.com/think-before-you-share-minnesotas-revenge-porn-law/

Edited by purplemonster
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