Cyber sex with a minor?

[Ortizitthisone]

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

Let me preface this by saying that no, I'm not a pedophile.

Please let me know if this is in the wrong place.

I just turned 18 seven days ago, and tonight I was in a cyber sex chat room. I was contacted by someone who claimed to be a 17 year old girl in New Jersey. She said she turns 18 in March, which, if it were true, would make me a mere four months older than her.

I expressed my concern for the fact that she was a minor (not being aware of the laws). My biggest concern would be that she was indeed not a 17 year old girl, but part of some sort of sting operation. We did engage in explicit sexual dialogue over the internet, but no pictures were exchanged, nor any other contact information, nor were any plans made to meet in person.

My question is: can I get in legal trouble for this? Even though I'm over 18 and she isn't, does the fact that I'm only 4 months older mean anything? Do age-of-consent laws apply here?

Any information you can provide would be greatly appreciated.

Regards,
Jim

 

[wyett717]

Do age-of-consent laws apply here?

Age of consent laws apply to everything regarding sex.

We did engage in explicit sexual dialogue over the internet...

...I'm not a pedophile.

Any solicitation of sex with a minor is criminally punishable. If you are caught, in addition to severe criminal charges, you will be registered as a sex offender. The law DISAGREES with you when you solicit sex from a minor.

 

[Ortizitthisone]

Your post seems to be self-contradictory. If age of consent laws apply, then how could there be a backlash for this?

Also, does the law care that she contacted me first?

These laws are set up to protect children from people who would do them harm, not to prosecute teens who are merely experimenting. While I suppose in a strictly legal sense, your last bit is correct, I don't think it's a terrible thing to do when someone is a mere four months younger, especially when I have only been 18 for a week. I have no intention of ever contacting this person again, nor meeting in person for anything, so I really hope this does not come back to haunt me. I know it was stupid, but I would really like some advice as to whether I could realistically have cops knocking at my door tomorrow...

 

[wyett717]

I stand corrected. The age of consent in CT is 16.

However, you better hope that she was telling the truth about her age.

 

[Ortizitthisone]

But if I didn't know what her actual age was and she happened to be less than 16, would I still be criminally responsible?

 

[Ohiogal]

But if I didn't know what her actual age was and she happened to be less than 16, would I still be criminally responsible?

Yes you would.

 

[Ortizitthisone]

Connecticut law states, in part, "A person is guilty of enticing a minor when such person uses an interactive computer service to knowingly persuade, induce, entice or coerce any person under sixteen years of age..."

I think "knowingly" would be the operative word. If I had a reasonable belief that she was over the age of sixteen, how can I be held responsible if she isn't?

 

[swrdmbo]

You need to knock it off. Don't even put yourself in a position where you will try to argue the points you are making.Believe me, they will not hold up in court.
Haven't you seen those stings on TV? Do you ever hear them accepting the excuse that the kid asked them over?? No**************...because****************************..it doesn't matter!!! Wise up!

The law does not care that you have only been 18 a week.The fact is you are 18.

Can you really be so dumb as to believe ANYTHING a person tells you in a chat room? She could be 12 or she could be 80, or it could have be a "he"!

You could really get yourself in a bind doing this kind of stuff.Cease and desist.

 

[cyjeff]

Ignorance of the true age of the person on the other side is NOT an affirmative defense.

 

[Ortizitthisone]

Trust me guys, I'm not looking for justification, I'm just trying to sort things out. I know it was wrong, and I know I won't do it again. Thanks for your help.

 

[Unnamed725]

I seriously doubt this was a sting because if it were, she would not have contacted you (that leaves open an easy entrapment defense), but rather waited for you to contact her (where entrapment would not be a defense). Also, stings don't generally use 17 year olds to try to convict 18 year olds; they use very young people to get very old people - where the age difference is clearly inappropriate.

It's hard to outlaw "dirty talk" on the Internet without running into 1st Amendment issues, as the ACLU's defeat of the CDA made apparent (Reno v. American Civil Liberties Union - Wikipedia, the free encyclopedia), so most of the laws are against child pornography or solicitations of underage sex rather than restrictions on the content of the speech. If what you discussed falls under "material harmful to minors", you could be prosecuted for that (since it appeals to the 3-pronged Miller standard in defining something as obsence, which robs it of 1st Amendment protection), but I would be surprised if any prosecutor would do that over an 18 year old and 17 year old.

My recommendation to you would be to only engage in cyber sex with other people 18 and older. However, I doubt anyone is going to charge you from this tryst. I doubt any evidence of it still exists.

 

[CdwJava]

I expressed my concern for the fact that she was a minor (not being aware of the laws). My biggest concern would be that she was indeed not a 17 year old girl, but part of some sort of sting operation. We did engage in explicit sexual dialogue over the internet, but no pictures were exchanged, nor any other contact information, nor were any plans made to meet in person.

My question is: can I get in legal trouble for this? Even though I'm over 18 and she isn't, does the fact that I'm only 4 months older mean anything? Do age-of-consent laws apply here?

Depending on the nature of your statements and state that the "girl" is in, your comments could be criminal, yes.

Also, does the law care that she contacted me first?

Not really, no. She told you her age and you STILL engaged in explicit conduct which could be unlawful in her state.

These laws are set up to protect children from people who would do them harm, not to prosecute teens who are merely experimenting.

No, they are set up to protect children from exposure to harm. You might call it "experimenting" but the state might call it "criminal" conduct.

While I suppose in a strictly legal sense, your last bit is correct, I don't think it's a terrible thing to do when someone is a mere four months younger, especially when I have only been 18 for a week.

Depending on her state it might have been unlawful even if you were a minor. In my state and many others, it would not matter whether you are both underage or even 4 months apart.

I know it was stupid, but I would really like some advice as to whether I could realistically have cops knocking at my door tomorrow...

It is POSSIBLE, but unless you take steps to recontact her in some way it is unlikely. And, yes, evidence of the chat almost certainly exists - especially if it WAS a sting. The feds and the police have bigger fish to fry than to go after people who engage in perverted chat. Now, if this "girl" was in your locale, and this is a crime in CT, then it becomes much more likely that they will come tapping on your door. If the police DO come calling, contact an attorney ASAP.

 

[steel9]

The cops or decoys usually pose as 13-15 yr olds. They will tell you they are either 13, 14 or 15. Adults often talk sexual to minors online & just dont talk to anyone under 16. Read what happens to the adults & notice all the decoys pose as under 16 yr olds (mostly 13 & 14). http://perverted-justice.com

 

[Ortizitthisone]

If the police DO come calling, contact an attorney ASAP.

Trust me, that won't be an issue. While I've never been arrested (or even questioned) by the police, I know enough not to answer any questions without talking to a lawyer.

 

[steel9]

You're all worked up over nothing. The cops & fbi have more important things to do they try to trap you. They do though frequent yahoo chat rooms often & they are looking more for pervs with child porn. Your best bet is to NOT talk to any girl under age 18. If she says shes 17 but will be 18 soon say "bye bye".