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Article 218-C. Offer, exchange, make available, transmit, sell or display for sale, distribute, publish or disseminate, by any means - including through mass communication or computer or telematics system -, photography, video or other audiovisual record that contains a scene. ... that makes an apology or induces its practice, or, without the victim's consent, sex, nudity or pornography: Penalty - imprisonment, from 1 (one) to 5 (five) years, if the fact does not constitute a crime more serious. This offense is committed when there is no consent of the victim, that is, it is not typified if the person sends a photo. But if you share it with others, yes. It should also be noted that, even though it is not disclosed on websites or social networks with greater visibility such as “Instagram and Facebook”, the mere sharing, even among private social networks such as “WhatsApp”, the offense will be consummated.