adults, children, and cell phone nudity

[d0tod0t]

What is the name of your state (only U.S. law)? Utah

I randomly "confiscate" my 13 year old son's cell phone and read his text messages. As luck would have it, as I picked up my sons phone tonight his uncle (age 34, who has the morals of a goat) sent my son a text asking if he wanted to see a picture of a hot, naked lady. I should have played along with it to see if he would have actually sent my son a pic of this nature or not, but I didn't...
Anyway, my question is what are the legalities of an adult sending pornography to a child via a cell phone. Contributing to the delinquency of a minor? Anything else?

 

[CourtClerk]

Oh, there are a whole HOST of felonies that go with anyone sending pornography to a child via ANY method, including a cell phone.

Should you catch him.... call the police

 

[Peligroso27]

The uncles behavior is very similar to that of a child molester. You should keep your child away from this pervert.

 

[outonbail]

I don’t know if a photo of a naked woman would fall into the category of pornography. With all the deranged pedophiles and other sexual offenders roaming our planet, I think we’ve become a nation who will often over react in even a harmless situation.

I can remember sneaking into my grandfather’s basement to look at his Playboy magazines when I was young. I thought I was getting away with something, but he knew what I was doing. So one day he hid down there and when I snuck down, went into his desk drawer and pulled out the new issue, he jumped out and shouted, “What are you doing?”

Scared the holy be-Jesus out of me. He laughed for about ten minutes then told me not to let my mom know I’m looking at his magazines or she’d skin us both. Then he left me there to look all I wanted.

My older cousin let me look at his dirty books as well. But I have never been molested, never disrespected women, never hurt harmless animals, never had a problem keeping my hormones in check and I don’t have any dysfunctional sexual tendencies. None of my childhood friends went off the deep end and became sexual deviants or criminals and we all had dirty magazines hidden in our tree fort before we were 13 years old. There were just no cell phones to store images on back then. In fact, I don’t think they even had push button land lines at that time.

Anyway, I sure would hate to have had seen my grandfather or cousin arrested for something that was simply happening due to my natural curiosity to see boobs. In fact, that’s one thing I’ve never grown out of, I still love them.

So I wouldn’t be jumping the gun on calling the police unless there is some serious pornography being pushed on the boy. Tell the uncle you don’t approve of your son seeing pictures of naked women and that you want it to stop. Then your son can learn how to become better at hiding his curiosity from you. A lesson all young boys must learn eventually.

However, boys will be boys, whether they have help from uncle Festor or not. Even if his uncle had sent the picture, I doubt it would have been the first photo of a naked women he’s seen.

I’m just saying, don’t go overboard thinking the uncle is a pedophile because he sends your son a photo of a naked woman. I’d be more concerned if he sent your son a photo of a naked man,,,

 

[Alex23]

Mom has a right to be upset, but should be aware of the penalty that will befall this uncle when he's reported to the police. If that's where you want to go, no advice here will stop you.

 

[BL]

Here's a couple of charges , from a sex offender website , whereas a 17 year old was charged with sending photos to minors .

charges of endangering the welfare of a child, a misdemeanor, and disseminating indecent materials, a felony.

 

[kdhohio]

I agree with CC and Peligroso on this one. Outonbail, there is a huge difference in boys sharing 1 of dads stolen Playboys in a treehouse and a 34 year old man initiating contact with a 13 year old to send him a picture of a naked woman. That is completely innapropriate and illegal. I would be very leery of him around children.

 

[OldandTired]

The only reason an adult engages a minor in the viewing of pornography, and that's what nude pictures of women are, is only to heighten their arousal, and it's part of the grooming process to make that child a future victim of sexual abuse.

The Uncle is in the grooming stage of the child, and if mother doesn't do something to stop it now, she can expect her son to be coming to her one day to tell her about how Uncle Fester sexually abused him.

There are 2 ways you can handle this. Either contact the police and let the Court system rehabilitate him, or talk to him directly, and tell him that if he doesn't submit to counseling, paid for by himself at least one day per week, then you will ensure that his name is plastered all over the sex offender website, and then not only will he be paying for counseling, but he will also be paying Court cost's, probation fees (if he's lucky enough to get that), polygraph testing, and a few more very costly tests.

 

[Peligroso27]

I agree with you old and tired except for one point, counseling is not going to stop the uncle. He will eventually molest some boy. This behavior is highly illegal and for good reason. Report him now and let the courts work it out.

 

[outonbail]

counseling is not going to stop the uncle. He will eventually molest some boy.

You are able to conclude this by simply reading one paragraph, five sentences long, with the only available facts, those which have been alleged in this persons first post? I'm impressed,,,, and here I thought I had clairvoyant talent,,,,,

I guess I stand corrected on this one. My apologies to the OP. Ask the police for help in having the uncle castrated ASAP.

Let him know that if God wanted us to see each other naked, we would have been born that way!

Then roast them Festornuts on an open fire!

 

[Peligroso27]

I am able to tell that the uncle is engaging in actions that are highly suspect. You may want to let boys be boys but a 34 year old is not a boy and should not ever engage in this type of communication. Your snide, arrogant, and somewhat witless post lacks any type of substance. Can you really argue that your experience seeking out magazines on your own is in anyway similar to a 34 year old man offering pornographic pictures to a young boy? You were right on one account though you don't have any clue how graphic this picture was. There is a reason that behavior like this is outlawed. It has been proven that pedophiles will molest and will molest over and over until they are locked away or dead. Why do you think the prosecution and supervision of these types of crimes are so aggresive?

 

[outonbail]

I am able to tell that the uncle is engaging in actions that are highly suspect.

Highly suspect I can agree with. However I don’t believe you or anyone else can come to the conclusion that this uncle is a pedophile because of the actions he is alleged to have committed. Hence I don’t think it is appropriate to tell an OP that their relative is going to molest boys and he can’t be helped so call the police. There is nothing to support this claim. You’re posting an opinion driven by emotions, not facts.

You may want to let boys be boys but a 34 year old is not a boy and should not ever engage in this type of communication.

Lets get one thing straight here. I am by no means supporting the uncle actions, nor do I believe in rehabilitating pedophiles. Any adult who can intentionally hurt a child and especially by way of some perverted act is the scum of the earth. When someone is proven to have committed such an atrocity, I could care less if the pedophile is hung immediately in public view. In fact, I would support such a punishment.
My point was, that because of the impact these crimes have on everyone, it has gotten to a point where anyone accused of such a horrific crime, is guilty before they ever make it to court. Many lives have been destroyed, families broken apart and innocent people killed in prison because of the emotional irrationality that overwhelms juries and almost everyone involved in these type of cases.
I certainly don’t want one of these parasites roaming the streets, but I also don’t want someone who would never commit such an act sent away because of unwarranted assumptions.

Your snide, arrogant, and somewhat witless post lacks any type of substance.

What do you consider substance, telling an OP their relative should be locked up or they will be molesting boys? Fairly pompous opinion since it is coming from someone who has no facts to support such a claim. Or are you privy to something no one else has available? Maybe I’m just naïve because I was raised in a family which managed to grow through many generations without seeing a divorce, no family members spending time behind bars, and not spawning any sexual deviates? Maybe you have had more experience with sick uncles and young boys than I have. I guess this would explain your emotional connection and why you would encourage the Op to go for the uncle’s throat

Can you really argue that your experience seeking out magazines on your own is in anyway similar to a 34 year old man offering pornographic pictures to a young boy?

I am not arguing that my experience is the same. How could I know what this uncles intentions were, I don’t know these people? Unless you do I don’t know how you can claim he’s a pedophile.

You were right on one account though you don't have any clue how graphic this picture was.

I was right on more than that account, but hey, were all entitled to our opinion. Were just not entitled to post it as being a fact!

There is a reason that behavior like this is outlawed. It has been proven that pedophiles will molest and will molest over and over until they are locked away or dead. Why do you think the prosecution and supervision of these types of crimes are so aggresive?

In my opinion, they are not aggressive enough when someone is truly guilty of such crimes against children.

Anyway, all I was hoping for was an explanation on how you come to the conclusion this uncle is a pedophile. Or are you just full of wit?

 

[Peligroso27]

Highly suspect I can agree with. However I don’t believe you or anyone else can come to the conclusion that this uncle is a pedophile because of the actions he is alleged to have committed. Hence I don’t think it is appropriate to tell an OP that their relative is going to molest boys and he can’t be helped so call the police. There is nothing to support this claim. You’re posting an opinion driven by emotions, not facts.

Lets get one thing straight here. I am by no means supporting the uncle actions, nor do I believe in rehabilitating pedophiles. Any adult who can intentionally hurt a child and especially by way of some perverted act is the scum of the earth. When someone is proven to have committed such an atrocity, I could care less if the pedophile is hung immediately in public view. In fact, I would support such a punishment.
My point was, that because of the impact these crimes have on everyone, it has gotten to a point where anyone accused of such a horrific crime, is guilty before they ever make it to court. Many lives have been destroyed, families broken apart and innocent people killed in prison because of the emotional irrationality that overwhelms juries and almost everyone involved in these type of cases.
I certainly don’t want one of these parasites roaming the streets, but I also don’t want someone who would never commit such an act sent away because of unwarranted assumptions.

What do you consider substance, telling an OP their relative should be locked up or they will be molesting boys? Fairly pompous opinion since it is coming from someone who has no facts to support such a claim. Or are you privy to something no one else has available? Maybe I’m just naïve because I was raised in a family which managed to grow through many generations without seeing a divorce, no family members spending time behind bars, and not spawning any sexual deviates? Maybe you have had more experience with sick uncles and young boys than I have. I guess this would explain your emotional connection and why you would encourage the Op to go for the uncle’s throat

I am not arguing that my experience is the same. How could I know what this uncles intentions were, I don’t know these people? Unless you do I don’t know how you can claim he’s a pedophile.
I was right on more than that account, but hey, were all entitled to our opinion. Were just not entitled to post it as being a fact!
In my opinion, they are not aggressive enough when someone is truly guilty of such crimes against children.

Anyway, all I was hoping for was an explanation on how you come to the conclusion this uncle is a pedophile. Or are you just full of wit?

I wont take the time to quote each statement individually, I will correct you off the bat. How dare you attack my family or attempt to insinuate that anyone in my family is such a sick individual. That was uncalled for and showed a lack of class on your part.

To be honest, the system fails to work because people fail to act. The uncle did not actually send a picture to the boy, he would not see prison time for this. Individuals that engage in highly suspect and inappropriate actions like this need to be kept away from children until the situation can be sorted out. I believe that children are our most precious resource and I am not so naive to think that because everyone in my family has a college diploma, has never been in jail, has successful careers, and have not been divorced means that they cannot break the law. If any of my wifes brothers (I say that because she referred to him as his uncle not my brother) contacted my children like that I would put a stop to it and review the situation to see if prosecution is warranted. Ignoring the situation or giving someone engaging in this atrocious manner is foolhardy and dangerous.



I don’t know if a photo of a naked woman would fall into the category of pornography
You need to research the legal definition of pornography. Lewd and Lascivious references to conduct which includes people living together who are known not to be married, entertainment which aims at arousing the libido or primarily sexual sensation, open solicitation for prostitution or indecent exposure of genitalia (which is itself a crime). Due to the tendency of judges to be overly careful in writing about moral and/or sexual matters the definitions have been cloaked in old-fashioned modesty.

However, boys will be boys, whether they have help from uncle Festor or not.
I would like you to explain this and why you included those two pointless stories from your childhood.

State felony court convictions, the FBI's UCR arrests and National Crime Victimization Surveys all point to sex offenders being older than other violent offenders, generally in the early 30's.

Convicted rape and sexual assault offenders report that 2/3rd of their victims were under the age of 18.

90% of the rapes and sex crimes of children less than 14 years old knew the offender, accodring to police-recorded incident data.

 

[OldandTired]

It has been proven that pedophiles will molest and will molest over and over until they are locked away or dead. Why do you think the prosecution and supervision of these types of crimes are so aggresive?

I want to comment for a moment here, though some may view this as attempting to hijack, but I think this information is vital to the OP in reaching an informed decision.

The US DOJ statistics show that the rate of recidivism for sexual abusers of children is at 3%, the lowest rate of all crimes, next to murder. Sex Offender Treatment Programs (SOTP'S) have been fine tuned since their inception over 10 years ago, and are proven successful. They are extremely intense and over the course of the 3-5 years it takes for a person to successfully complete one, allow some, not all, but some abusers to actually become rehabilitated.

I do not now, nor will I ever condone the abuse of a child, the disabled, women, the elderly, or anyone else that could be vulnerable to such abuse.

it has gotten to a point where anyone accused of such a horrific crime, is guilty before they ever make it to court. Many lives have been destroyed, families broken apart and innocent people killed in prison because of the emotional irrationality that overwhelms juries and almost everyone involved in these type of cases.

This is exactly why I chose my signature on here as I have. Society continues to look to their elected representatives for the "warm and fuzzy", feel-good-do-nothing laws that continue to hamper the very rehabilitation that sexual offenders need to become successful so they do not re-offend. The entire point is this; sexual offenders come from all walks of life. They are Judges, Senators, teachers, firemen, policemen, Joe-schmoe off the street, and unfortunately, there will be future victims. Murderer's also come from all walks of life. All types of criminals come from all walks of life. It is the criminal thinking errors they practice that allows them to commit their offenses.

What Uncle Fester is doing here is "grooming" his nephew, to see how much he can get away with. He wants to see the reactions, to gauge how far his next move should be.

Regular counseling will not help here. He must agree to voluntarily walk into an SOTP, and remain a client there, until the counselor feels he has learned that what he is currently doing, leads to the sexual abuse of a child, and what the child will suffer as a result of his actions. There really are some people that have no idea whatsoever, how their actions in abusing a child affects that child.

From the age of 3 until I was 14, I was victimized. I do not seek sympathy, but rather understanding that these crimes, while considered the most horrendous outside of murder, do exist and will exist, there are treatment methods for the abusers that do allow them to be rehabilitated, and hence my reason for becoming a counselor for them. I am in touch daily with Probation / Parole officers, and can assure everyone I counsel that they will be immediately discharged, most likely revoked and sent to prison, for failure to change the way their minds work. I guess I get to do the grooming now, except on a positive level.

 

[CdwJava]

While we can speculate as to the uncle's motive forever and a day, it appears that the uncle has thus far committed NO CRIME. (Unless UTAH makes even asking a minor if they want to see naked photos a crime.)

If mom wants to deal with it, by all means! If it were my son, I would deal with it as well. But, a call to the police would result in almost nothing unless they contacted him on a whim and he confessed to some other crime.

- Carl