Unsolicited nude pics?

nicholasIII

So my friend messed up. He has autism and doesn't really understand what is socially appropriate.

He got into social media (Tinder, Bumble,) during lockdown last year to try and meet women. He sent a few messages to people he matched up with. There was a girl who put her Instagram bio on her Snapchat. He sent her a few messages then his dick pic.

Now, she's saying that she'll go to the Gardai. My friend is ****ting himself. Will he be looking at a criminal record?

Str8outtaWuhan

nicholasIII wrote: »

So my friend messed up. He has autism and doesn't really understand what is socially appropriate.

He got into social media (Tinder, Bumble,) during lockdown last year to try and meet women. He sent a few messages to people he matched up with. There was a girl who put her Instagram bio on her Snapchat. He sent her a few messages then his dick pic.

Now, she's saying that she'll go to the Gardai. My friend is ****ting himself. Will he be looking at a criminal record?

He sent the pic but how does she know it is his penis?

nicholasIII

Str8outtaWuhan wrote: »

He sent the pic but how does she know it is his penis?

He sent a picture of his face (not smart in hindsight).

to99

What age is he and what age is she?

Str8outtaWuhan

nicholasIII wrote: »

He sent a picture of his face (not smart in hindsight).

Im curious as to how he got his penis and face into the same picture?

Surreptitious

Str8outtaWuhan wrote: »

Im curious as to how he got his penis and face into the same picture?

It happens. Full length mirror or sitting in a chair bending down. I've had this happen to me countless times and no way would I go to the police. Just block the person. It was a dating site after all and maybe he just got the wrong end of the stick. No pun intended

to99

The Harassment, Harmful Communications and Related Offences Act 2020 section might be instructive here. But it would depend on his intent. This is the so-called 'Coco's law'

Section 4 Distributing, publishing or sending threatening or grossly offensive communication;

4. (1) A person who—
(a) by any means—
(ii) sends any threatening or grossly offensive communication to another person,
and
(b) with intent by so distributing, publishing or sending to cause harm, is guilty of an offence.

Vestiapx

Surreptitious wrote: »

It happens. Full length mirror or sitting in a chair bending down. I've had this happen to me countless times and no way would I go to the police. Just block the person. It was a dating site after all and maybe he just got the wrong end of the stick. No pun intended

Why do you think they do it? Is it a thrill from knowing someone has seen their genitalia or do they hope that someone will say "pooh that's nice I'll ha e some of that"?

Infernal Racket

to99 wrote: »

The Harassment, Harmful Communications and Related Offences Act 2020 section might be instructive here. But it would depend on his intent. This is the so-called 'Coco's law'

Section 4 Distributing, publishing or sending threatening or grossly offensive communication;

4. (1) A person who—
(a) by any means—
(ii) sends any threatening or grossly offensive communication to another person,
and
(b) with intent by so distributing, publishing or sending to cause harm, is guilty of an offence.

This legislation is gonna change everything if people start making complaints about unsolicited content

AndrewJRenko

Infernal Racket wrote: »

This legislation is gonna change everything if people start making complaints about unsolicited content

Sounds like it's going to work as intended so

Surreptitious

Vestiapx wrote: »

Why do you think they do it? Is it a thrill from knowing someone has seen their genitalia or do they hope that someone will say "pooh that's nice I'll ha e some of that"?

I don't know. I had to filter my Messenger because I woke up one day and there were 7 pictures of some Turkish guy's bits on my page. He was a complete stranger. Then some guy I chatted to 8 years ago came along and started bombarding me with cock pics. No how are you, nothing. I blocked him. I had to.
I could go on, the list is endless.
I don't think I was ever in a relationship where the guy sent me those, it's usually creeps. Shock value maybe or some kind of power trip like an over riding need to force their imaginary prowess on you.

GM228

to99 wrote: »

The Harassment, Harmful Communications and Related Offences Act 2020 section might be instructive here. But it would depend on his intent. This is the so-called 'Coco's law'

Section 4 Distributing, publishing or sending threatening or grossly offensive communication;

4. (1) A person who—
(a) by any means—
(ii) sends any threatening or grossly offensive communication to another person,
and
(b) with intent by so distributing, publishing or sending to cause harm, is guilty of an offence.

The caveat of S4 is actually part (b), there must be intent to cause harm for the offence to apply, simply sending a grossly offensive communication to another person in and of itself is not an offence.

That said, it is an offence to send a message by telephone which is grossly offensive or of an indecent, obscene or menacing character (no intent provisio) under the Post Office Act 1908, but, it's not clear of the scope of "message" in the context of the likes of Snapchat or SMS, MMS etc as it's an old provision that dealt with actual phone calls from a telephone, it has never been tested and was enacted in 1951 long before text or media messaging existed.

singmeasongy

A friend eh........

Here's a good way to look at it. Take technology out of it, and ask how you would view approaching someone, exchanging a few words, and then whipping your lad out and making her look.at it.

Does that sound like it might be problematic under the criminal law?

It is.

GM228

ecoli3136 wrote: »

Here's a good way to look at it. Take technology out of it, and ask how you would view approaching someone, exchanging a few words, and then whipping your lad out and making her look.at it.

Does that sound like it might be problematic under the criminal law?

It is.

They are not comparable legally though, yes your scenario is problematic under criminal law because there has always been specific laws on the issue via both statute and the common law, but when it comes to technology the law is finally playing catch up.