A cease and desist (C&D) letter is a formal written request from an attorney that the recipient halt specified actions, in NCII cases, cease sharing intimate imagery. C&D letters can effectively address known perpetrators who respond to legal pressure, especially in institutional or professional situations where the recipient fears legal consequences. However, in some NCII cases, sending a C&D letter can trigger retaliatory actions or alert the perpetrator to potential law enforcement involvement before investigations are finalized. Deciding to send a C&D should be approached strategically, ideally with guidance from an NCII attorney.

Key facts about this term

  1. Assess whether the perpetrator is known and legally reachable C&D letters are only effective when directed at an identified perpetrator who can be served.
  2. Consult your attorney about escalation risk In certain instances, C&D letters can lead to retaliatory actions. Your attorney can help assess this risk beforehand.
  3. Consider combining C&D with other actions C&D letters are generally more effective when paired with other proactive measures.

Frequently asked questions

Can I write my own cease and desist letter for NCII?

Technically yes, but letters drafted by an attorney hold more legal weight and are less likely to be ignored. An NCII attorney can draft a letter that aligns with legal standards.

What happens if the perpetrator ignores a cease and desist letter?

Ignoring a C&D does not increase legal liability for the perpetrator, but it indicates they were made aware of the claim. The next steps could involve escalating to a civil lawsuit or criminal complaint.

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