The Legal Risk of Possessing Intimate Images Without Consent in New York

Technology has made it easier than ever to share personal photos and videos. While many of these exchanges are consensual, there are situations where intimate images are obtained, stored, or shared without permission. In New York, possessing intimate photos without the subject’s consent is not a minor issue. It can lead to criminal charges, civil liability, and lasting harm to your reputation.

Lawmakers have strengthened state laws to address what is often called “revenge porn” or “non-consensual pornography.” These laws are designed to protect individuals from exploitation and harassment, but they also carry significant penalties for anyone accused of violating them. For those under investigation or charged, understanding the risks is critical to protecting your future.

What New York Law Says About Intimate Image Possession

New York Penal Law explicitly prohibits the unlawful publication or dissemination of intimate images, but the risks extend beyond distribution. Simply possessing intimate photos without the subject’s consent can expose someone to criminal liability if prosecutors argue that the photos were obtained unlawfully or held with the intent to harm, harass, or threaten.

In addition, if images are later shared, even accidentally, the penalties can escalate quickly. Convictions may lead to criminal records, jail time, fines, and mandatory registration in certain circumstances. For young people or professionals, these outcomes can affect education, career prospects, and personal relationships for years to come.

The Difference Between Consent and Criminal Liability

Consent is the defining factor in these cases. If an individual willingly shared intimate images with you, the situation is very different from one in which the images were obtained without knowledge or permission. However, disputes about consent are common, and what began as a consensual exchange can later be framed differently in court.

Because these cases often involve sensitive details and emotional accusations, prosecutors may take an aggressive approach. Defending against these charges requires careful attention to the facts, including how the images were obtained, whether consent was given, and what, if anything, was done with them.

How an Experienced Criminal Defense Attorney Can Help

Being accused of possessing intimate images without consent can be intensely stressful and embarrassing. Many people feel overwhelmed by the potential consequences and the personal nature of the allegations. At O’Brien & Eggleston, our Albany criminal defense attorneys understand both the legal and emotional challenges involved in these cases.

Our team carefully examines how the images were discovered, how the prosecution intends to prove lack of consent, and whether law enforcement respected your rights during the investigation. We know how to challenge weak evidence, expose inconsistencies, and fight to protect your privacy as well as your freedom. With over 20 years of combined trial experience, we have the skill to defend clients facing even the most complex charges.

Protecting Your Future Against Serious Allegations

Allegations involving intimate images carry more than just legal consequences. They can damage reputations, strain family relationships, and impact careers. Taking these charges seriously from the very beginning is the best way to safeguard your future.

If you are accused of possessing intimate images without consent in Albany County or anywhere in New York, do not wait to seek legal help. Contact O’Brien & Eggleston today to discuss your case.