QUESTION
I sent phone sex pictures answering an online ad that turned out to be underage girl, what should I do?
Asked on Aug 09th, 2012 on Criminal Law - New York
More details to this question:
I answered an online personal ad of a woman. I am a 32 yr old man. We traded sexual pics, woman turned out underage????? Can i be held legally responsible for being tricked into believing she was of age? Is it illegal to send sexual pictures to someone from your phone?
24 ANSWERS
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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It would definitely be illegal to send to a female under the age of 18. It is a bad idea to send them to others since you cannot know someone's age you have only met over the internet. Additionally, you should consider that the police or FBI might run an investigation and try to intercept pictures so do not do it any more.
Answered on Aug 27th, 2012 at 12:16 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Yes on both counts. The fact that she "tricked you" is not a defense. You can be criminally charged for both. Add to that, what is to prevent this girl from, posting your naked pictures on the internet. Think about it. Not a smart thing to do.
Answered on Aug 27th, 2012 at 12:16 PM
Criminal Law Attorney serving Oakland, CA
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Law Office of Jared C. Winter
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It's not illegal to send sexual pictures to someone, but it's foolish.
As you've figured out now, you never know who you're actually dealing with when it comes to online meetings.
You should immediately cease all communication with the minor. If you end up being charged with any crime, contact a criminal defense lawyer in your area immediately.
Answered on Aug 27th, 2012 at 12:16 PM
Michael J. Breczinski
No it is not illegal to send the pictures to someone of age.
It then becomes the issue that you did not know that she was underage. That is your defense.
Answered on Aug 27th, 2012 at 12:15 PM
Dennis P. Mikko
You could be charged with knowing possession of child sexually abusive material. Now that you know she is underage, stop all contact with her. If from the pictures you could have thought she might be underage that might be enough for charges. It is never a good idea to send pictures of a sexual nature to someone over the phone that you may not actually know in person and never send pictures of a sexual nature to anyone underage.
Answered on Aug 21st, 2012 at 4:31 PM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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CAN you be charged and arrested for illegal conduct? Yes. If you are contacted, questioned, threatened, arrested or charged with any crime, the proper questions are, can you be convicted, and what can you do? A little free advice: exercise the 5th Amendment right to SHUT UP and do NOT talk to police or anyone about the case except with and through an attorney. No amount of free 'tips and hints' from here or elsewhere are going to effectively help you in your legal defense. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, program, or other decent outcome through plea bargain, or take it to trial if appropriate.
Answered on Aug 21st, 2012 at 4:30 PM
Criminal Defense Attorney serving McKinleyville, CA
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Law Office M. C. Bruce
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It is not illegal if there are two consenting adults. If she is posting personal ads then you can assume she is not underage. One hopes you did not send any more pix after you found out she was underage. But really, sending sexually explicit photos to a woman you've never met are you a congressman or what?
Answered on Aug 21st, 2012 at 4:30 PM
Consult an attorney with full details right away to protect your rights.
Answered on Aug 21st, 2012 at 4:29 PM
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This can be a felony sex offense requiring lifetime supervision on probation, parole or prison depending on her age and your knowledge of her age. If you did not know she was underage when you sent or solicited photos, you are not guilty. But, if there is any evidence that you knew she was underage, then you need to treat this very seriously. Either way, if the police contact you, just say I want a lawyer. Do not discuss any of it with them. Be polite, and say you will contact them when you have a lawyer. If they arrest you, just say I want a lawyer - no matter what they say. They are allowed to lie to you, to trick you, and generally to do anything to get a statement. Just keep saying I want a lawyer. Do not consent to any searches, just say I want a lawyer. If the girl tries to contact you, just hang up. Do not talk with her, do not email her, do not send any photos, do not accept any photos. If you have any photos, delete them immediately. She may be working at the direction of the police, possibly with them recording her calls.
Answered on Aug 21st, 2012 at 4:28 PM
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I would get an attorney immediately and don't answer any police questions without an attorney present. It is illegal to send sexually provocative pictures to a minor. There are many avenues for defending a possible criminal charge, but you'll lose those advantages if you talk to the police.
Answered on Aug 21st, 2012 at 4:27 PM
Child Custody Attorney serving Malvern, AR
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Law Office of Gregory Crain
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Nothing, stop sending pics and yes you can be held responsible.
Answered on Aug 21st, 2012 at 4:26 PM
Criminal Defense Attorney serving Tarzana, CA
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The Law Office of Anthony A. Roach
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You could get into a lot of trouble with something like this. I suggest you stop researching and whining on the internet, and speak in person, privately with an attorney who defends sex crimes.
Answered on Aug 21st, 2012 at 4:25 PM
YES. You got to be careful who you send "sexual" pics to.
Answered on Aug 21st, 2012 at 4:25 PM
Litigation Attorney serving Westland, MI
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Clos, Russell & Wirth, P.C.
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It is illegal to send sexually explicit material to a minor.
Answered on Aug 21st, 2012 at 4:25 PM
Leonard A. Kaanta
You need to talk with a criminal attorney.
Answered on Aug 21st, 2012 at 4:25 PM
James Edward Smith
It's illegal to send sex pics to a minor. Lawyer up.
Answered on Aug 21st, 2012 at 4:24 PM
General Liability Attorney serving Harrisburg, PA
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Abom & Kutulakis, L.L.P.
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You must stop posting statements online that equate to admissions! Do not talk to anyone. Consult with and retain an attorney immediately! This is extremely serious!
Answered on Aug 21st, 2012 at 4:22 PM
Criminal Defense Attorney serving Cherry Hill, NJ
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Law Offices of Richard Sparaco
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You can be charged with child endangerment for your sexting activity.
Answered on Aug 21st, 2012 at 4:22 PM
Tax Attorney serving North Smithfield, RI
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The Law Offices of Mark L. Smith
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Child porn is strict liability. It matters not what age you thought she was. If there is an investigation do not talk to the police and hire a lawyer.
Answered on Aug 21st, 2012 at 4:21 PM
Criminal Defense Attorney serving Salt Lake City, UT
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Pietryga Law Office
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The facts will dictate what you could be charged with. The most serious offense could arise from what you did with the pictures of the minor and when did you discover she was a minor. Regardless, it appears that the prosecutor would have a difficult time proving intent. Do yourself a favor and do not discuss this with anybody but an attorney. If you are questioned, simply say, that you have consulted with an attorney and wish to invoke your right to an attorney. I have attached the most serious crime, from the facts you have given, that could realistically be charged. I hope this helps. Once again, do not discuss this with anybody but an attorney. *Sexual exploitation of a minor** *(Utah Code 76-5b-201) *Degree-*2nd Degree Felony *Elements-*A defendant commits sexual exploitation of a minor: when they: knowingly *produce[1] *, possess, or possess with intent to * distribute[2] * *child pornography[3] *; or intentionally distribute or view child pornography; or if the defendant is a minor?s parent or legal guardian and they knowingly consent to or permit the minor to be sexually exploited. *Fine-*2nd degree felony: A fine not to exceed $10,000[4] , plus a 90% surcharge.[5] *Restitution-*The court may require the convicted person to pay restitution. [6] * * *Imprisonment-*2nd degree felony: A term of imprisonment not less than 1 year nor more than 15 years.[7] *Sexual Offender Registration-*Lifetime registration.[8] *DNA Specimen Analysis-*A defendant convicted of a 2nd degree felony sexual exploitation of a minor must provide a DNA specimen.[9] *Firearms-*May not posses, use or have control of a firearm or ammunition for life.[10]
Answered on Aug 21st, 2012 at 4:21 PM
Criminal Law Attorney serving Oakland, CA
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Dennis Roberts A Professional Corporation
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You better pray it is not a police sting or you are in serious trouble. Stop these idiotic emails.
Answered on Aug 21st, 2012 at 4:20 PM
Domestic Violence Attorney serving Orange, CA
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Law Office of James Gandy
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Find a lawyer in your area immediately. This is very dangerous for you and it depends a great deal on the circumstances of the given case.
Answered on Aug 21st, 2012 at 4:19 PM
Forgot all that. Right now what you need to do is exercise your right to remain silent. Do not speak to anyone, especially not law enforcement. Remember, your attorney must be present before you open your mouth, and I mean to anyone!
Answered on Aug 21st, 2012 at 4:18 PM
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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You need to hire a real lawyer ASAP not try to figure it out through this forum, as you are in deep trouble.
Answered on Aug 21st, 2012 at 4:18 PM