People v. Barber

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NY: Criminal Court of the City of New York
2014 NY Slip Op 50193
February 18, 2014
This case appears to the first in which a New York court has considered criminal charges stemming from what has come to be known as "revenge porn." Defendant is accused of posting nude photos of the complainant, who was then his girlfriend, to his Twitter account and to have sent those same photos to her employer and sister, without her consent. According to the Misdemeanor Complaint, on July 26, 2013, at approximately 3:00 p.m., the defendant posted naked pictures of Adriana Batch, who was then his girlfriend, on his Twitter account, and also sent those pictures to Ms. Batch's employer and sister. Ms. Batch did not give the defendant permission or authority to do this. Defendant admitted to a detective that he posted and sent the pictures, but asserted that he informed or obtained permission from Ms. Batch before doing so.
After carefully considering the allegations in the Information, the Court concludes that defendant's conduct, while reprehensible, does not violate any of the criminal statutes under which he is charged. Specifically, defendant is charged with Aggravated Harassment in the Second Degree, in violation of Penal Law § 240.30(1)(a) (Count One), Dissemination of an Unlawful Surveillance Image in the Second Degree, in violation of Penal Law §250.55 (Count Two), and Public Display of Offensive Sexual Material, in violation of Penal Law §245.11(a) (Count Three). For the reasons that follow, the Court GRANTS the motion to dismiss as to all counts.