Topless Kate photos: Three could face charges for topless Kate Middleton pics. Three people are currently under investigation and could face charges for the topless Kate Middleton photos that have found their way out into the open. Today.com reported on Wednesday, April 24, 2013, that the head of a French publishing group, a daily newspaper director, and a photographer could have charges brought against them for the topless Kate photos published in a handful European tabloids in 2012. Prince William's wife was sunbathing on the terrace of a chateau in the south of France when the pictures were first taken. "Closer," a French gossip magazine about celebrities, published the photos back in Sept. of 2012. French authorities banned any further publication or resale of the topless Kate photos. In Oct. of 2012, the criminal investigation officially began to find out how the pictures were gotten in the first place. The photos showed Kate Middleton slipping off her bikini top,