Diaz is one of Hollywood's highest paid actresses

John Rutter was convicted of forgery, attempted grand theft and perjury at Los Angeles Superior Court.

On Thursday Rutter, 42, said the case was a "misunderstanding" and that he "never intended to do any harm". His request for probation was rejected.

The Charlie's Angels star was 19 when the pictures were taken in 1992.

Autograph

Rutter approached her in 2003, when she was established as a Hollywood star, and tried to sell the photos back to her.

During the trial, he testified he was going to give the her "right of first refusal" before trying to sell the photographs elsewhere.

But Ms Diaz told the court she had never signed a model release form for the photo shoot, which took place before her rise to fame in 1994 comedy The Mask.

John Rutter took the photographs of Diaz in 1992

However, Rutter produced a release form and testified that he believed Ms Diaz had signed it.

Expert witnesses told the court the signature had been faked using an autographed publicity photo of the actress.

Superior Court Judge Michael Pastor sentenced Rutter to three years and eight months imprisonment.

In imposing the sentence, Judge Pastor said Rutter had failed to show remorse and displayed "definite criminal sophistication".

"Mr Rutter did take advantage of a position of confidence that Miss Diaz had in Mr Rutter," he added.

Ms Diaz was not in court for Rutter's sentencing.

A civil trial against Rutter in connection with the case is set for 15 February 2006.