Naked loans are illegal. Disclosure of a citizen's name, portrait, address and telephone number, or disclosure of a citizen's personal information, or disclosure or expansion of the scope of disclosure, without the permission of a citizen, is an infringement of privacy. Therefore, threatening the borrower to repay by sending nude photos is suspected of violating the right to privacy. If the borrower fails to repay the loan, the lender will force the borrower to repay the loan by exposing nude photos and contacting the borrower's parents. May be suspected of a crime.

1. Is naked loan illegal?

1. Sellers, resellers and disseminators of nude photos belong to the dissemination of obscene articles.

2. judging whether it constitutes a crime depends on the number of obscene articles they spread and the number of profits they make. For example, posting obscene videos and photos on the Internet depends on the click-through rate and reading volume.

3. If obscene articles are sold, it depends on the quantity of obscene articles sold and the amount of money obtained.

Second, how to judge naked loans?

1, extortion of public or private property, the amount is relatively large or repeated extortion, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or shall only be fined; Is it big or something?

2. If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years and fined.

Third, how can naked loans seek self-help from the law?

1. Is the guarantee made by nude photos or nude videos valid? What is the nature of the girls involved in providing nude photos and nude videos to lenders? As a guarantee of timely repayment, its purpose is obviously to ensure that the so-called loan can be repaid on time, so it is essentially a loan guarantee. However, this kind of guarantee is not any legal and effective guarantee in China at present, such as guarantee, deposit, mortgage, pledge and lien. Its essence is based on personal privacy disclosure. This kind of protection not only violates public order and good customs, but also obviously violates the law. It is obviously an invalid guarantee, and the lender has no right to use it as a guarantee.

2. Is the loan contract concluded by both parties valid? Although the two parties used nude photos and nude video as the guarantee means when signing the contract, the invalidity of the guarantee contract does not mean that the main contract is invalid because the guarantee contract is a subsidiary contract of the loan contract. If the loan contract between the two parties does not exist in the circumstances stipulated in Article 52 of the Contract Law,

One party enters into a contract by means of fraud or coercion, which harms the interests of the state; Malicious collusion, harming the interests of the state, the collective or the third party; Cover up illegal purposes in a legal form; Harm the public interest; Violation of mandatory provisions of laws and administrative regulations; The loan contract between both parties is valid.

3. What is the effect of the monthly interest in the loan contract? If both parties agree on a monthly interest rate of 20% in the loan contract, it is partially valid and partially invalid. The interest rate agreed between the borrower and the borrower exceeds the annual interest rate of 36%, and the interest agreement in excess is invalid. Now the annual interest rate agreed by both parties has reached 240%, which is obviously illegal. Therefore, the lender can only claim rights within the range of 3% monthly interest. If the girl involved has paid the interest at the interest rate of 3% per month, 2% of the monthly interest cannot be returned, and more than 3% has the right to ask the lender to return it; At the same time, if the girls involved don't pay interest at all, the court can only decide to pay interest within 2% of the monthly interest. According to news reports, some girls only borrowed a few thousand yuan in principal. If the loan is calculated at 5,000 yuan, the annual interest will be at most 1.800 yuan. However, the girls involved in the case used the way of selling their bodies to repay the interest, which shows that their legal concept is weak and they lack legal common sense. If the girl involved really can't repay the interest at the agreed time, there is no need to worry too much. Just wait for the lender to sue, and just use the active fund-raising during the lawsuit to repay, because the principal and interest of the loan involved are very small, and there is no difficulty that cannot be solved smoothly.

4. If the lender threatens repayment and interest payment with nude photos and videos, is it suspected of extortion? According to the definition of the crime of extortion, extortion refers to the act of threatening (intimidating) others for the purpose of illegal possession, asking for a large amount of public or private property or extortion for many times. The basic structure of the crime is: threatening others (intimidation)

The other party has a fear.

The other party disposes of property based on fear.

The actor or the third party obtains property.

The victim suffered a loss.

Legal basis: Civil Law

Article 1024? The civil subject enjoys the right of reputation. No organization or individual may infringe upon the reputation right of others by insulting or slandering.

Reputation is a social evaluation of the moral character, reputation, talent and credit of civil subjects.