@BeepBopRoboCop@endcloutculture@Awk20000 It's not general recklessness, it's reckless disregard for whether he had affirmative consent.
And it's still not in any way shape or form on plaintiff. The statute is crystal clear.
@LostInCybaSpace@GuyWithCoolHat@jiggly_puffdadi@ShitlibSupreme Although the State Statute may still have language that is equivalent. But that will really depend on which version of the jury instructions they go by.
The statute is a bit of a mess and has been changed both by legislature and supreme court in the time period.
@LostInCybaSpace@GuyWithCoolHat@jiggly_puffdadi@ShitlibSupreme "Malice" is not an element in the Federal Statute.
It is an element in the State Statute she's also suing under. But Malice after the Tomlinson decision in Florida means intentionally and without any lawful justification not with the Intent to Harm.
@LostInCybaSpace@jiggly_puffdadi@GuyWithCoolHat@ShitlibSupreme It's also irrelevant for the case whether she had consent to sending it to her intimate partner right after they made the video. A thing he also did btw.
It's literally spelled out in the statute that her sending it to anyone cannot be used as consent.
@LostInCybaSpace@jiggly_puffdadi@GuyWithCoolHat@ShitlibSupreme Sorry that is not how it works.
First of all Plaintiff contests that. She claims she had consent. So that becomes a question of who a jury believes.
Both plaintiff and Destiny has never claimed HE had consent. So proving he didn't have consent is easy.
@BeepBopRoboCop@endcloutculture@Awk20000 Would a "Reasonable Person" make sure he had consent before sending it to his wife vs sending it to some random on twitter.
Sorry I know you guys have problems with "Reasonable Person", but it's actually a legal standard.
@BeepBopRoboCop@endcloutculture@Awk20000 So his "defense" of "I was catfished" actually works against him here.
He showed so little regard for her privacy that he managed to let a 22 year old man pretending to be a 19 year woman sending pictures of a 17 year old girl get his hands on the explicit video
@BeepBopRoboCop@endcloutculture@Awk20000 Luckily for him. Plaintiff's lead council don't appear to be the top of her class.
Otherwise he would be destroyed by now.
@BeepBopRoboCop@endcloutculture@Awk20000 Plaintiff's counsel gets to pick and choose from his public statements to present to the jury.
There's a VERY good reason you don't talk about ongoing litigation.
@BeepBopRoboCop@endcloutculture@Awk20000 Destiny has absolutely no clue about what's happening in his trial.
Or he's lying through his teeth to get his audience to harras his victim.
@BeepBopRoboCop@endcloutculture@Awk20000 And no court in the land will ever find her claim spurious btw.
Even if she loses.
Despite Destiny crying and screaming on his stream. That's now how the law works.