secretly videotaping sex?

Michigan

I recently discovered that my exboyfriend had made a video recording of us have sex without my knowledge or permission. Is this legal? I feel very violated and betrayed and wonder if he mayhave posted it on the web...

Video taping or recording sexual acts without a persons consent is illegal in every state in the US.

There are state laws, as well as, federal wire tapping laws that prohibit video taping or recording a person in situations where privacy is the expectation. There are also laws about video taping and broadcasting, selling, or disseminating recordings of others in public forums without there knowledge or consent.

The Michigan Criminal Law is below. This is an actionable offense both in criminal and civil court. http://legislature.mi.gov/doc.aspx?mcl-750-539d http://legislature.mi.gov/doc.aspx?mcl-750-539d

750.539d Installation, placement, or use of device for observing, recording, transmitting, photographing or eavesdropping in private place.

Sec. 539d.

(1) Except as otherwise provided in this section, a person shall not do either of the following:

(a) Install, place, or use in any private place, without the consent of the person or persons entitled to privacy in that place, any device for observing, recording, transmitting, photographing, or eavesdropping upon the sounds or events in that place.

(b) Distribute, disseminate, or transmit for access by any other person a recording, photograph, or visual image the person knows or has reason to know was obtained in violation of this section.

(2) This section does not prohibit security monitoring in a residence if conducted by or at the direction of the owner or principal occupant of that residence unless conducted for a lewd or lascivious purpose.

(3) A person who violates or attempts to violate this section is guilty of a crime as follows:

(a) For a violation or attempted violation of subsection (1)(a):

(i) Except as provided in subparagraph (ii), the person is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $2,000.00, or both.

(ii) If the person was previously convicted of violating or attempting to violate this section, the person is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $5,000.00, or both.

(b) For a violation or attempted violation of subsection (1)(b), the person is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $5,000.00, or both.

(4) This section does not prohibit a person from being charged with, convicted of, or punished for any other violation of law committed by that person while violating or attempting to violate subsection (1)(a) or (b).

History: Add. 1966, Act 319, Eff. Mar. 10, 1967 ;-- Am. 2004, Act 156, Eff. Sept. 1, 2004


Submitted by Anonymous (not verified) on Wed, 01/19/2011 - 19:50.

Video taping sexual acts is ILLEGAL for any age if the person being taped is unaware of it happening. The only way it is legal is if you knew about it

Submitted by Anonymous (not verified) on Wed, 12/29/2010 - 11:20.

if you secretly video your sex acts without the second party knowing- it is hard to prove that they were not aware...

it is your word against their word- you just claim that it was consented recorded fun and that she/he knew about the camera

Submitted by Cynthia Rose Martinez (not verified) on Sat, 10/30/2010 - 16:39.

Thank you for your answer above. So, it is illegal to plant or install or access recording devices in another ones premises and record their sexual and all other activities . I see by your answer above it is legal to install surveillance device in your own home, is it 'illegal' to diseminate a security device in another person's residence? Thirdly, is it a crime for a "community" to use surveillance techniques against one of the residence's in the community for whatever reason they decide? I ask these questions because I have been a victim of this activity in every residence I've had to move to for the last 10 years. Because the 'communities' I live in are all similar in culture, I've been unable to make any legal case against any of my perpitrators its the more than one household in my community. I have been unable to call law enforcement to lodge a complaint, and I'm being forced to live in this culture of being spyed on. I believe this group of individuals watch their victims in ITV or ETV, and its incorrigable.

Please answer the best you can, I'd be interested to know if this is widespread, or am I a rare incident? Thank you.

Cynthia

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