“She didn’t consent to have her pictures put up on the web. He either needs to make restitution, or he needs to go to jail.”
That argument won’t hold up, I think, or someone better shut down Facebook, faaaast.
For argument’s sake (still thinking about the legal issues on this; morally it’s a no-brainer - wrong): She gave to him a digital file specifically for his possession, i.e. ownership. That makes the photo his property with all usage rights unless otherwise noted. In this case the exemption was “understood”, but not specifically written and agreed upon.
He’s a dick, but it may not be illegal (assuming she’s over 18).
This was a private exchange between adults. He violated the implied consent for private use and made it public.
Under current law, which is a friggin' mess, this may not have been illegal. By my measure, it violates "non-initiation of force, fraud, or theft" on both the fraud and theft parts. He broke contract and if he received financial gain from misusing her likeness, then this could be construed as theft as well.
My dos centavos only as I am not a lawyer. :-)