Celebrating 10 years! 2007-2017

is this illegal?

a woman on a social media site said she needed money I said johnsilver9503/20/17
I'm not entirely clear, let me make sure I understand the co dingbat03/20/17
De minimis non curat lex. sillydood03/20/17
Ignore her. She may be crazy enough to file a police report isthisit03/20/17
Well, hows that illegal?? Any contract between you and her? mrlollipop03/20/17
If you're asking if receiving unsolicited naked pictures of shitlawsf03/20/17
Are you serious? Are you an attorney? jd4hire03/20/17
based on the username, I'd say someone who hasn't started la dingbat03/20/17
No, but he plays one on the Internet. isthisit03/20/17
No. If you asked for pictures that you agreed to pay her, yo fettywap03/20/17
Pics? twoyutes03/20/17
credited sjlawyer03/21/17
johnsilver95 (Mar 20, 2017 - 12:23 am)

a woman on a social media site said she needed money I said I would just give it to her. i asked for pictures not of genitalia or breasts or buttocks in the meantime. she sent them. I will not pay, I lied and she said it is illegal. is it? we are both 21 and older. In different states. I technically never promised her.

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dingbat (Mar 20, 2017 - 9:48 am)

I'm not entirely clear, let me make sure I understand the course of events:

1) She asked for money
2) you said you would give her a gift
3) you then asked for pictures
4) she sent pictures
5) you refuse to honor the gift
That's fine. A gratuitous promise of a gift is not enforceable.

However, if the following occurred, there would be a problem:
1) she asked for money
2) you said you would send money in exchange for pictures
3) she sent pictures
4) you refused to pay
In this case, you created a contract - pictures in exchange for money. You refused to pay. She has a civil case against you for breach of contract.

Basically, a bargained for exchange is enforceable, whereas two unilateral promises of a gratuitous gift are not enforceable.
The only remedy for breach of a bargained for exchange is restitution. If you lose, you will need to pay the sum promised, the cost of legal proceedings, as well as any reasonably forseeable costs associated with your failure to pay (e.g. she stated that she would incur a late charge on her rent)

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sillydood (Mar 20, 2017 - 1:24 am)

De minimis non curat lex.

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isthisit (Mar 20, 2017 - 7:06 am)

Ignore her. She may be crazy enough to file a police report but I doubt there will be any follow through.

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mrlollipop (Mar 20, 2017 - 7:16 am)

Well, hows that illegal?? Any contract between you and her?

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shitlawsf (Mar 20, 2017 - 8:06 am)

If you're asking if receiving unsolicited naked pictures of her could be the basis of blackmail, I would say no unless she's underage and lied about it. You would certainly think a blackmailer would know the basis on which the purported blackmail relies. Receiving naked pics is not illegal as far as I know, but sending them unsolicited to you could be.

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jd4hire (Mar 20, 2017 - 9:29 am)

Are you serious? Are you an attorney?

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dingbat (Mar 20, 2017 - 9:49 am)

based on the username, I'd say someone who hasn't started law school yet

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isthisit (Mar 20, 2017 - 2:57 pm)

No, but he plays one on the Internet.

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fettywap (Mar 20, 2017 - 9:48 am)

No. If you asked for pictures that you agreed to pay her, you may owe her money, but it's not a crime.

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twoyutes (Mar 20, 2017 - 3:04 pm)

Pics?

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sjlawyer (Mar 21, 2017 - 2:00 pm)

credited

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