Monday, February 6, 2017

Social Media / Revenge Porn FAIL! 24 y/o GA Police Woman is Arrested 4 Posting Nude Pics of another Female Cop on Instagram ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1




Meet 24 y/o Dekalb County, GA Police Woman Audrey Francisquin.  That's her mug shot below....




Now suspended (she was placed on "administrative leave" since her arrest) Audrey is concurrently being internally investigated by her own department) for allegedly posting "revenge porn" of a fellow female officer on her Instagram and Snapchat social media accounts.




The "why" of it is unknown (meaning that Audrey's motive is not apparent), but that Audrey posted nude photos of her colleague to Instagram and Snapchat is beyond dispute.  Further, it is believed / alleged that Audrey acquired the nude images by hacking the victim's cell phone.




Reports indicate that the fellow police women are not "friends" and describe their relationship as being "acquaintances", and further indicate that "[The unnamed victim] is unaware of where this behavior came from and says she talked to this (woman) several days prior and everything was okay." 






Apart from posting the pics Audrey reportedly sent messages to her victim that said: "You're going to learn", which, upon information and belief, forms the basis of the "revenge" component.




Audrey was reportedly charged under Georgia's "Anti-Revenge Porn Bill" (which you can view by clicking here) with Invasion of Privacy by Computer, Computer Trespassing and Explicit Transmissions.




Memo to the Folks:  Most State's have "revenge porn" (a/k/a "sexual cyber-stalking") laws, and Florida law makes it a crime (a 1st degree misdemeanor punishable by up to 364 days in jail) to post sexually explicit photos of another without their consent.  It matters not whether the photos were taken and possessed freely, voluntarily, and with consent; what matters is a lack of consent to publish the images (as Florida law holds that someone who agrees to have such a sexually explicit photograph taken maintains "a reasonable expectation the image will remain private").  Florida's "revenge porn" law makes it a 1st degree misdemeanor to post explicit pictures of someone else without their permission.  "Revenge porn" falls under the category of sexual harassment and is defined as the "online posting of explicit photos of people without their permission".   F.S. 784.049 defines "Sexually cyberharass" as meaning "to publish a sexually explicit image of a person that contains or conveys the personal identification information of the depicted person to an internet website without the depicted person's consent, for no legitimate purpose, with the intent of causing substantial emotional distress to the depicted person."




Memo to the Folks continued:  Apart from being turned in by a victim for a cyber crime you can count on the fact that prosecutors can and do scour the internet looking for any incriminating information which they can use against you in any pending criminal case.  Thus Haber's Social Media Rule #5: If it's even remotely relevant to a pending charge then prosecutors will cram your social media posts, and history (sites visited, searches made, etc) down your throat in court.   Watch HaberPA's YouTube VideoFAQ / Webisode on Social Media and the Law, including "Haber's Rules of Social Media # 1 - 5" by clicking on the link below...


Memo to the Folks continued:  Social Media: It's all fun and nice until it's introduced into evidence against you in Court. See "Haber's Rules of Social Media # 1 - 5" by clicking here and watch HaberPA's VideoFAQ / YouTube Webisode on "Social Media and the Law" @ https://youtu.be/9yGL7MOQyTA




When it comes to the subject of "Cops, Courts and Constitutions" you should always have a skilled and experienced criminal defense attorney who is focused on serving your interests.  While we can't stop the cops from arresting you, as your legal counsel Michael A. Haber, PA will ensure that your rights are respected from the moment that representation begins and that any abuses which may have occurred beforehand are remedied.


At Michael A. Haber, P.A. "Its all about reasonable doubt"!


Michael A. Haber, Esq. is prepared to speak with you about your case!


Cell: 305-798-2220; Office: 305-381-8686; Toll Free: 1-888-SHARK-8-1



THIS BLOG POST (AS ARE ALL OF HABERPA BLOG POSTS) IS A PUBLIC SERVICE ANNOUNCEMENT WHICH IS PRIMARILY DESIGNED, BY WAY OF REAL WORLD EXAMPLE, TO ASSIST THE GENERAL PUBLIC IN AVOIDING CONDUCT WHICH COULD FORESEEABLY RESULT IN ARREST AND PROSECUTION!  


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