If it was unsolicited, actually, it does.
It's a widely recognized pricinple that unsolicited merchandise may be considered a gift.
In point of fact, sending email or sexts should be prosecuted every time because in practical terms they are quite clearly "unsolicited advertising material for the lease, sale, rental, gift offer or other disposition of any realty, goods, or services" without being designated as such.
Copyright belongs to the person who pressed the button to take the picture, which then poses even trickier questions if that person is not the subject. If it is the subject, then consent is clear, and sending the picture does in fact give them the picture for personal use but clearly not for commercial use. Implied consent is at play as well - if a person you're being intimate with takes your smiling picture, it's pretty clear you implied consent for the picture to be taken (which says nothing about any further usage).
Whether the subject is publicly recognizable matters as well (ie if it's just a close up of your cooter, you're going to have a hard time arguing that is 'publicly recognizable' except for the attention you yourself called to it).
Further, you're simply mistaken dragging moral 'rights' into the question at all. I agree with you that taking a nudie pic, and then later using it for revenge porn is shitty and immoral. But we're not arguing how the world SHOULD BE, we're discussing it as it IS.
And you misread me completely. Of course do whatever you want in private.
I just think that anyone RECORDING what they do in private - particularly with someone that they don't know extremely well - is a moron if they're surprised to find it on Reddit tomorrow.