St. James Palace said lawyers for the duke and duchess of Cambridge are to register a criminal complaint Monday in Paris against the photographer who took the revealing photos while the royal couple were vacationing in France last month, the BBC reported.
"We can confirm that a criminal complaint is to be made to the French Prosecution Department," a palace spokeswoman said.
"It concerns the taking of photographs of the duke and duchess of Cambridge whilst on holiday and the publication of those photographs in breach of their privacy."
Lawyers previously had said they would go to civil court damages and an injunction against the French magazine Closer that was the first to publish the photos.
The Irish Daily Star has also published them and an Italian magazine, Chi, said it intended to do so.
Northern and Shell, and Independent News and Media, the co-owners of the Daily Star, have condemned the publication of the topless photos, saying they had no editorial control over the newspaper.
"I am very angry at the decision to publish these photographs and am taking immediate steps to close down the joint venture," said Richard Desmond, chairman of Northern and Shell.
Closer magazine officials have said they see nothing wrong with running the photos.
The royal couple currently are on a tour of Asia and the South Pacific.