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Stephums

Junior Member
What is the name of your state (only U.S. law)? New York

Me (age 18) and my boyfriend (16) are currently in a long distance relationship. My state does not allow our relationship legally, however his (Florida) considers the relationship legal. Because of the distance, our relationship will be majorly online. I was wondering what the laws are for such a relationship. Since there will be no physical contact, would sexual talk be considered illegal? My parents are concerned that I may get in trouble. I've searched and have found NOTHING concerning our situation. If you have references please post so that i can show my parents.
 


The Occultist

Senior Member
Firstly, relationships are not illegal anywhere, just the naughty physical stuff.

That being said, there is still Mom's law. If your boy toy's parents say he is not allowed to talk to you, then he is not allowed to talk to you, and you can face charges if you continue.

And yes, if his parents get wind of your naughty talk, it is possible you may find yourself in trouble.
 

cyjeff

Senior Member
Sexual talk with a minor may be considered a federal offense.

I take it you have never seen a "To Catch a Predator" episode.

You need to stay away from children.
 

Stephums

Junior Member
Both of our parents know and accept our relationship. Could it still be illegal if both consent?
 
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cyjeff

Senior Member
Parents cannot make the illegal legal... they can only make the legal illegal.

And are you actually saying that you have talked to the boys parents and gotten their permission to have online sex with their son?

Really?
 

Stephums

Junior Member
I meant that they know of our relationship. And the talk was assumed to be happening by both sides. Do you have any references concerning this?
 

Stephums

Junior Member
Ok let me say that both of our parents are fully supportive of our relationship, my parents are only worried incase something goes amiss, i might get into trouble. My parents told me that they had assumed there was sexual talk going on between us, they didn't care if it was going on. My question is if the law cares. I've been searching and searching through laws and have found nothing still. Also, would the same laws for online pertain to phone conversations and texting?
 

Ohiogal

Queen Bee
Ok let me say that both of our parents are fully supportive of our relationship, my parents are only worried incase something goes amiss, i might get into trouble. My parents told me that they had assumed there was sexual talk going on between us, they didn't care if it was going on. My question is if the law cares. I've been searching and searching through laws and have found nothing still. Also, would the same laws for online pertain to phone conversations and texting?
The law cares if the minor's parents care. And sexual talk can be a big problem depending on exactly what it is being said. It can land you in trouble.
 

cyjeff

Senior Member
Fine... let's start with Florida laws on Cyber Stalking...

784.048 Stalking; definitions; penalties.--

(1) As used in this section, the term:

(a) "Harass" means to engage in a course of conduct directed at a specific person that causes substantial emotional distress in such person and serves no legitimate purpose.

(b) "Course of conduct" means a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose. Constitutionally protected activity is not included within the meaning of "course of conduct." Such constitutionally protected activity includes picketing or other organized protests.

(c) "Credible threat" means a threat made with the intent to cause the person who is the target of the threat to reasonably fear for his or her safety. The threat must be against the life of, or a threat to cause bodily injury to, a person.

(d) "Cyberstalk" means to engage in a course of conduct to communicate, or to cause to be communicated, words, images, or language by or through the use of electronic mail or electronic communication, directed at a specific person, causing substantial emotional distress to that person and serving no legitimate purpose.

(2) Any person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person commits the offense of stalking, a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(3) Any person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person, and makes a credible threat with the intent to place that person in reasonable fear of death or bodily injury of the person, or the person's child, sibling, spouse, parent, or dependent, commits the offense of aggravated stalking, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(4) Any person who, after an injunction for protection against repeat violence, sexual violence, or dating violence pursuant to s. 784.046, or an injunction for protection against domestic violence pursuant to s. 741.30, or after any other court-imposed prohibition of conduct toward the subject person or that person's property, knowingly, willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person commits the offense of aggravated stalking, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(5) Any person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks a minor under 16 years of age commits the offense of aggravated stalking, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(6) Any law enforcement officer may arrest, without a warrant, any person he or she has probable cause to believe has violated the provisions of this section.

(7) Any person who, after having been sentenced for a violation of s. 794.011, s. 800.04, or s. 847.0135(5) and prohibited from contacting the victim of the offense under s. 921.244, willfully, maliciously, and repeatedly follows, harasses, or cyberstalks the victim commits the offense of aggravated stalking, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(8) The punishment imposed under this section shall run consecutive to any former sentence imposed for a conviction for any offense under s. 794.011, s. 800.04, or s. 847.0135(5).
Then, let's add the statutes around computer pornography...

847.0135 Computer pornography; penalties.--

(1) SHORT TITLE.--This section shall be known and may be cited as the "Computer Pornography and Child Exploitation Prevention Act of 1986."

(2) COMPUTER PORNOGRAPHY.--A person who:

(a) Knowingly compiles, enters into, or transmits by use of computer;

(b) Makes, prints, publishes, or reproduces by other computerized means;

(c) Knowingly causes or allows to be entered into or transmitted by use of computer; or

(d) Buys, sells, receives, exchanges, or disseminates,

any notice, statement, or advertisement of any minor's name, telephone number, place of residence, physical characteristics, or other descriptive or identifying information for purposes of facilitating, encouraging, offering, or soliciting sexual conduct of or with any minor, or the visual depiction of such conduct, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. The fact that an undercover operative or law enforcement officer was involved in the detection and investigation of an offense under this section shall not constitute a defense to a prosecution under this section.

(3) CERTAIN USES OF COMPUTER SERVICES PROHIBITED.--Any person who knowingly utilizes a computer on-line service, Internet service, or local bulletin board service to seduce, solicit, lure, or entice, or attempt to seduce, solicit, lure, or entice, a child or another person believed by the person to be a child, to commit any illegal act described in chapter 794, relating to sexual battery; chapter 800, relating to lewdness and indecent exposure; or chapter 827, relating to child abuse, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(4) OWNERS OR OPERATORS OF COMPUTER SERVICES LIABLE.--It is unlawful for any owner or operator of a computer on-line service, Internet service, or local bulletin board service knowingly to permit a subscriber to utilize the service to commit a violation of this section. Any person who violates this section commits a misdemeanor of the first degree, punishable by a fine not exceeding $2,000.

(5) STATE CRIMINAL JURISDICTION.--A person is subject to prosecution in this state pursuant to chapter 910 for any conduct proscribed by this section which the person engages in, while either within or outside this state, if by such conduct the person commits a violation of this section involving a child residing in this state, or another person believed by the person to be a child residing in this state.
And, finally, transmission of information considered harmful to a minor...

v847.0138 Transmission of material harmful to minors to a minor by electronic device or equipment prohibited; penalties.--

(1) For purposes of this section:

(a) "Known by the defendant to be a minor" means that the defendant had actual knowledge or believed that the recipient of the communication was a minor.

(b) "Transmit" means to send to a specific individual known by the defendant to be a minor via electronic mail.

(2) Notwithstanding ss. 847.012 and 847.0133, any person in this state who knew or believed that he or she was transmitting an image, information, or data that is harmful to minors, as defined in s. 847.001, to a specific individual known by the defendant to be a minor in this state commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.


(3) Notwithstanding ss. 847.012 and 847.0133, any person in any jurisdiction other than this state who knew or believed that he or she was transmitting an image, information, or data that is harmful to minors, as defined in s. 847.001, to a specific individual known by the defendant to be a minor in this state commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

The provisions of this section do not apply to subscription-based transmissions such as list servers.
So I count 3, count em 3, felonies in the third degree FOR EVERY SEXUALLY EXPLICIT EMAIL YOU SEND.

How's that for reference?
 
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cbg

I'm a Northern Girl
Do you seriously think that the state is going to say, oh, we'll let you break the law as long as your parents say it's okay?

The answer is NO, sweetie. It's still illegal even if both sets of parents set up a cheering section.
 

Ohiogal

Queen Bee
Fine... let's start with Florida laws on Cyber Stalking...



Then, let's add the statutes around computer pornography...



And, finally, transmission of information considered harmful to a minor...



So I count 3, count em 3, felonies in the third degree FOR EVERY SEXUALLY EXPLICIT EMAIL YOU SEND.

How's that for reference?
Psst... you forgot to look at federal statutes she would also be violating as well as New York Statutes that come into play as well. So that is a minimum of 3 felonies. And if it is a text or IM then it becomes 3 for every text or IM. MINIMUM of 3.
 

Ohiogal

Queen Bee
Do you seriously think that the state is going to say, oh, we'll let you break the law as long as your parents say it's okay?

The answer is NO, sweetie. It's still illegal even if both sets of parents set up a cheering section.
And if they did they could get in trouble as well.
 

cyjeff

Senior Member
Psst... you forgot to look at federal statutes she would also be violating as well as New York Statutes that come into play as well. So that is a minimum of 3 felonies. And if it is a text or IM then it becomes 3 for every text or IM. MINIMUM of 3.
Yeah, I was bored, but not THAT bored.

If you add in the feds, it comes to 6 PER communication.

I wonder if the OP still thinks it is harmless.....or if we will ever hear her self righteous "SHOW ME THE REFERENCES" crap again.
 

outonbail

Senior Member
It always kills me to ponder these type of situations. I can never come up with an answer to my first thought, which is,
What does a 16 year old boy, who lives a thousand miles away, have to offer an 18 year old girl, that is so special and so rare, that she can't find it locally and with another adult?

Anyway, you're 18, so whatever your parents want doesn't come into the equation. You are the one who will be held accountable for your actions.

Speaking of actions, I would have to believe that these "actions" would be much more enjoyable if they were being shared between two adults who are able to get together in a physical sense, because they live near each other. You know, go out to dinner, see a show, go shopping together, walk on the beach, hang out together and make fun of everyone else within sight, whisper sweet nothings in each others ear and act like bunny rabbits whenever you can be alone. (OK, the last one's optional)

Maybe I'm just old fashioned, but I always found those close personal times of sharing time together much more fulfilling than phone conversations or heating up a keyboard with naughty words. I've never had any luck at steaming up the screen on my monitor, but car windows, eye glasses and bathroom mirrors, now them I've seen dripping. But monitor screens, never even seen one get moist.

Of course I could be doing something wrong,,, :confused:

Maybe I need to read Cyber Relationships for Dummies?
 

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