Apparently he was separated from his wife and had been dating this (mature) woman for some time when he sent this pic. Then, they broke up and she decided to use it for "revenge porn" (which is illegal in California).
Still... sending such images to a girlfriend these days is stupid... and sending THAT pic to anyone is really really stupid.
TAKING that pic is really, really stupid. It's the same kind of stupid as taking video of yourself and your partner engaged in intimacy. You may enjoy watching it later (personally, I don't see the fascination) but the risk of it getting loose in the wild is just too great.