QUESTION

Can the mother press charges if her daughter does not want to for the naked video? If yes, what can I be facing?

Asked on Jan 16th, 2014 on Criminal Law - Texas
More details to this question:
I'm a 20 year old guy and I sent my girlfriend videos of me naked through email. She is almost 16 and her mom found out and she took the videos and is threatening to tell the cops.
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6 ANSWERS

Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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Yes, Mom can press charges. Your girlfriend is a minor and you're an adult. Get an attorney as soon as possible.
Answered on Jan 20th, 2014 at 7:55 AM

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You have the right to remain silent. Only idiots talk to investigators/cops. Remember, no matter what you say it will be twisted around and used against you later.
Answered on Jan 20th, 2014 at 7:53 AM

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Based upon the facts you gave, you are guilty of violating California Penal Code Sections 647.6, and 288.2. California Penal Code Section 647.6 Child Molestation PC 647.6 (a)(1)Every person who annoys or molests any child under 18 years of age shall be punished by a fine not exceeding five thousand dollars ($5,000), by imprisonment in a county jail not exceeding one year, or by both the fine and imprisonment. PC 288.2 Internet Sex With Minor 288.2. (a) (1) Every person who, with knowledge that a person is a minor, or who fails to exercise reasonable care in ascertaining the true age of a minor, knowingly distributes, sends, causes to be sent, exhibits, or offers to distribute or exhibit by any means, including, but not limited to, live or recorded telephone messages, any harmful matter, as defined in Section 313, to a minor with the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of that person or of a minor, and with the intent or for the purpose of seducing a minor, is guilty of a public offense and shall be punished by imprisonment in the state prison or in a county jail. A person convicted of a second and any subsequent conviction for a violation of this section is guilty of a felony. (b) Every person who, with knowledge that a person is a minor, knowingly distributes, sends, causes to be sent, exhibits, or offers to distribute or exhibit by electronic mail, the Internet, as defined in Section 17538 of the Business and Professions Code, or a commercial online service, any harmful matter, as defined in Section 313, to a minor with the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of that person or of a minor, and with the intent, or for the purpose of seducing a minor, is guilty of a public offense and shall be punished by imprisonment in the state prison or in a county jail. A person convicted of a second and any subsequent conviction for a violation of this section is guilty of a felony The minor cannot give consent for this action. If your actions are reported to the police, they will conduct an investigation. If the investigation turns up evidence to support the incident, then you will be charged. In other words, you are in deep do do.
Answered on Jan 20th, 2014 at 7:53 AM

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Thomas Edward Gates
Charges can be sought. Since she is not at the age of majority you have committed a sex act with a minor.
Answered on Jan 17th, 2014 at 10:20 PM

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Michael J. Breczinski
She is too young for sex. Naked picture to her could get you to at least getting convicted of contributing to the delinquency of a minor. If you had sex with her then you are eligible for up to 15 years in prison with mandatory prison. You would be on the sex offender list and have to report where you stay to the police for years. Leave the girl alone. Yes mom can report this to the police. Anyone with knowledge can report this to the police.
Answered on Jan 17th, 2014 at 10:19 PM

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Criminal Attorney serving Houston, TX at The Montes Law Firm
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Yes, she can report it to the police. She does not "press charges." The District Attorney's office will decide if they want to prosecute. It is not up to your girlfriend or her mother to prosecute once a police report is filed.
Answered on Jan 17th, 2014 at 10:18 PM

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