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Jamie is a female, who is a US citizen who lives on and studies at an Australian university campus, Jamie sends non consented sexual videos of her ex(Jessica, Australian citizen), who is also a female, to Jessica's father, who is Muslim, while in Australia. Jamie then goes back to Arizona, US, will Jamie be prosecuted, and if so, in which country, under which law, and what is the maximum punishment?

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    What do out mean by "non consented sexual videos". Do you mean videos of a rape? Or videos taken without consent? Or consented-to video of a consensual act that Jessica did not consent to have distributed? Also, which state in Australia?
    – user6726
    May 14, 2017 at 0:02
  • Wasn't rape, meant didn't consent to being recorded, thank you to the answer below.
    – Jamie
    May 14, 2017 at 10:12

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I assume the act was not a rape, and Jessica is older than 16. Since the act in question did not take place in the US, no US / Arizona laws were broken, so there will be no trial in the US.

The US-Australian extradition treaty specifies a set of acts for which a person can be extradited: these include murder, assault, bigamy and so on, but not illegal recording. US law requires 1-party consent for recording (Jamie consents to the recording), so under US law the recording is not a felony (not a crime at all). Article II(2) specifies that other acts allow extradition if the act is a felony in the US which it is not. Simple spite (not extortion) is not a felony / extradition offense. Therefore, the basic requirements for extradition are not satisfied, and Jamie will not be extradited. (In addition, under Article V, a US citizen can be extradited from the US only at the discretion of the executive branch if “it considers that it is proper to do so”.)

It is not clear whether the act is a federal crime in Australia. It is a crime to film sexual acts without consent in some states of Australia, e.g. § 91K of the Crimes Act 1900, NSW. That law has an intent requirement that the filming being "for the purpose of obtaining, or enabling another person to obtain, sexual arousal or sexual gratification", which we might assume to be true in this case (but not if the plan was simply to embarass Jessica). The laws pertaining to consent and recording vary from state to state, and such a recording does not appear to be against national law. The Australian Extradition Act 1985 §5 defines an “extradition offence” as

“an offence against a law of Australia, or a law in force in the part of Australia, for which the maximum penalty is death or imprisonment, or other deprivation of liberty, for a period of not less than 12 months”

In accordance with the US-Australia treaty Art II(2), the offense must be made extraditable under the extradition laws of Australia – it thus matters which state the act took place in (though the fact that it is not against US law is dispositive).

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  • Sending unsolicited pornography over a telecommunications network is a Federal crime in Australia so sending it to the father is a crime.
    – Dale M
    May 14, 2017 at 10:14
  • I don't believe it applies in this case but I do believe there are things a US citizen can do outside of the US that he could be prosecuted for upon return to the US
    – Matt
    May 18, 2017 at 18:21

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