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Female Sent Unsolicited Nudes

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quinn.brothers

Junior Member
I have a situation with a female at my school. She sent me completely unsolicited nude photos of herself. Naturally, I told her to stop. We were not in any sort of relationship, and she started to threaten suicide. I talked her down, but now she is threatening me, insulting me, and spreading gossip about me that I asked for the pictures. I have not told an adult yet. Another thing is, she said the reason she sent the pictures was because she did not feel loved at home. Apparently her dad hits her fairly often, and pushes her against walls and such. I'm worried about what this could mean for me
 
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quincy

Senior Member
I have a situation with a female at my school. She sent me completely unsolicited nude photos of herself. Naturally, I told her to stop. We were not in any sort of relationship, and she started to threaten suicide. I talked her down, but now she is threatening me, insulting me, and spreading gossip about me that I asked for the pictures. I have not told an adult yet. Another thing is, she said the reason she sent the pictures was because she did not feel loved at home. Apparently her dad hits her fairly often, and pushes her against walls and such. I'm worried about what this could mean for me
What is the name of your state?

How old are you?

How old is the female?

It would be smart for you to speak to your parent(s) or a school counselor.

You can be in as much trouble for receiving nude photos if she is a minor, as she can be for sending the nude photos, if you are a minor.
 

quinn.brothers

Junior Member
What is the name of your state?

How old are you?

How old is the female?

It would be smart for you to speak to your parent(s) or a school counselor.

You can be in as much trouble for receiving nude photos if she is a minor, as she can be for sending the nude photos, if you are a minor.

I'm 16, and shes 17. We are in Texas. If it means anything, shes at Texas age of consent, while I am not.
 

not2cleverRed

Obvious Observer
I think you should talk to an adult. Start with your school's social worker.

Treat your phone with the photos on it like it's poisonous to touch. Whatever you do, do not forward these photos to anyone. And ignore her.
 

justalayman

Senior Member
She may be above the age of consent but she is still a minor. That means she is guilty of distributing illegal pictures (child nudity is illegal) and if you have the images, you are guilty of possessing illegal images. If you distribute them you are guilty of distributing illegal images. Get rid of the images and report this to your parents.
 

quincy

Senior Member
In Texas, it is a Class C misdemeanor for minors (defined as those younger than 18 years of age) to send or receive nude images of minors. A first time offender is subject to jail time and a fine up to $500.

That said, there is a "Romeo and Juliet" sexting defense if the minors are in a dating relationship and they are less than 2 years apart in age and the images are sent only between themselves. There is also a defense for the recipient of unsolicited nude images if the images are shown to have been sent as a way to harass or bully the minor. With both of these defenses, the minors are unlikely to be charged with a crime.

I think a trusted school counselor might be a good person for you to talk to about the girl (not necessarily the nude photos), so the counselor can address the alleged abuse at home and the suicide threats.

I agree with the others that reporting to your parents all that has been going on would be smart. And you should delete the photos.
 

justalayman

Senior Member
In Texas, it is a Class C misdemeanor for minors (defined as those younger than 18 years of age) to send or receive nude images of minors. A first time offender is subject to jail time and a fine up to $500.

That said, there is a "Romeo and Juliet" sexting defense if the minors are in a dating relationship and they are less than 2 years apart in age and the images are sent only between themselves. There is also a defense for the recipient of unsolicited nude images if the images are shown to have been sent as a way to harass or bully the minor. With both of these defenses, the minors are unlikely to be charged with a crime.

I think a trusted school counselor might be a good person for you to talk to about the girl (not necessarily the nude photos), so the counselor can address the alleged abuse at home and the suicide threats.

I agree with the others that reporting to your parents all that has been going on would be smart. And you should delete the photos.
There is no claimed relationship (romantic anyway) so that defense would not apply. The bullying defense may apply for op if they do not redistribute in any way (including just showing them to others even without retransmitting them).

What i see is the girl could be subject to prosecution and if the op redistributes them in any way op could be subject to prosecution. I don't know how aggressive Texas or the local prosecutor is in this sort of matter but I have read of similar actions having been prosecuted in other states.

I suggest op be very cautious here. So often a young person ignorantly commits the crime of distribution of child porn by showing or sending such images to friends. If op retains the images they must be certain they show nobody other than when reporting said images to some
authority but it would be best if op outright deleted the images but still report this, at least, to op's parents.
 

quincy

Senior Member
There is no claimed relationship (romantic anyway) so that defense would not apply. The bullying defense may apply for op if they do not redistribute in any way (including just showing them to others even without retransmitting them).

What i see is the girl could be subject to prosecution and if the op redistributes them in any way op could be subject to prosecution. I don't know how aggressive Texas or the local prosecutor is in this sort of matter but I have read of similar actions having been prosecuted in other states.

I suggest op be very cautious here. So often a young person ignorantly commits the crime of distribution of child porn by showing or sending such images to friends. If op retains the images they must be certain they show nobody other than when reporting said images to some
authority but it would be best if op outright deleted the images but still report this, at least, to op's parents.
I did not see either defense applying to what was described, either, but those are possible defenses to teens charged under Texas sexting laws.

In Michigan (and I know this does not apply to Texas), prosecutors are reluctant to prosecute teens for sending nude photos of themselves to others. They will be offered a diversion program and ordered to complete X number of community service hours (sometimes with other conditions added). Distributing nude photos of teens to others, however, can be dealt with more harshly (including the potential for federal charges).

It seems doubtful that quinn.brothers will be charged with possessing nude photos of the girl, unless it can be shown somehow that he encouraged her to send them (which he says he didn't) and, of course, depending on what the girl says. I don't know. But speaking to the parents, a school counselor and then an attorney if necessary seems to be pretty good advice.
 

justalayman

Senior Member
My biggest concern is that op not distribute the photos in any way to anybody short of a legal authority (op is 16 and having had a couple of those, repeating myself to ensure they understand what I said was often necessary).

I won't dispute your statement of possible prosecution for only what has been described though. While I have read of some states prosecuting for what has been posted, I'm sure others tend to not prosecute. I don't know texas' proclivities on the matter.
 

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