QUESTION

Can my son be considered a sex offender for sharing a naked picture someone sent to him?

Asked on Jan 22nd, 2014 on Criminal Law - New York
More details to this question:
I was called to my 13 year old son’s school today because he was being suspended and being charged with a crime for sending a picture of a teenage girl’s breasts to some of his friend on his phone and on Facebook. He did not solicit the photo nor was he the original recipient of the photo. They said he is being charged with a felony for distributing pornography. I am a single mom with 3 kids. There is no way I can afford a lawyer to fight these kind of charges. What is the girl who sent the pictures responsibility in this? Please help!
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3 ANSWERS

Bankruptcy Attorney serving Federal Way, WA at Freeborn Law Offices P.S.
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Yes, he can.
Answered on Jan 27th, 2014 at 9:49 AM

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John J. Carney
Advise your children not to commit crimes but if they do then you should have told them not to talk to the police or school authorities. You are eligible for a public defender who will likely be a good lawyer. He is probably eligible for a Youthful Offender even if they will not dismiss the charges and may not get a criminal record. You really want to blame the victim in this? Blame yourself for not teaching your children what not to do and how not to admit their guilt or confess if caught, not the victim. She has no responsibility if they are sending such photos unless she asked them to.
Answered on Jan 27th, 2014 at 7:58 AM

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Criminal Law Attorney serving Boulder, CO
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Yes, your son is in trouble. Do not let him talk to police or other investigators until and unless a lawyer defending him agrees your son should be eligible for a public defender - apply and trust the attorney the girl may have no consequences - I know that does not seem fair, but the point it to concentrate on your son?s situation there should be a way to end this case without a long lasting consequence - diversion may be available.
Answered on Jan 27th, 2014 at 7:58 AM

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