QUESTION

I am starting an online internet dating business and want to find out the law regarding posting nude pictures

Asked on Mar 27th, 2017 on Litigation - California
More details to this question:
1) is it legal to post text conversations that I have with girls online if they have naked pictures that the girl texted me, assuming I censor out thier face, name, and personal information? 2) can I post naked pictures that I took of the girls when they were over, assuming I censor out thier face, name, and personal information Both of these questions also obviously assume that both parties are over the age of 18
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1 ANSWER

Real Estate Attorney serving Oakland, CA at Sack Rosendin LLP
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You would be engaging in prostitution and pimping. So the answer is that it is illegal.  The police, district attorney, a judge and jury would have no trouble finding that the attachment of a nude photo to a post about dating includes the implied promise that the date will include sex. And they could make that decision beyond a reasonable doubt. The district attorney in our county takes the position that there is no such thing as consensual sex for money. The woman is always being exploited. The customer and any enabler (i.e. pimp) are the real bad guys. Our DA prosecutes the buyers, not the sellers. In order to avoid the possibilty of lawsuits by the women, you must have a signed written consent. Not an electronic consent, an actual hard copy with blue ink signature and a copy of the woman's driver's license or other proof of identification attached. Otherwise, she can claim that the exchange of emails or the record of her clicking ""agree" on your website, were faked by someone else, maybe even you. Without her face, a woman could claim a photo was her and you would be unable to prove it wasn't. As the plaintiff, she would have the burden of proof, but the judge or jury deciding the case is entitled to find that you are lying and she is telling the truth. Since she will be portrayed as the victim of your sexual exploitation and you will be portrayed as a pimp, she might be able to meet that burden. If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need.   Dana Sack
Answered on Mar 28th, 2017 at 9:51 AM

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