14 year old in possession of nude photos

[brucemrehn]

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

Today, my son was caught with nude or semi nude photos of several girls within his grade. Two of them were sent to him directly by the girls, and the other three were sent to him unsolicited (he claims) by another student. He has apparently distributed one picture once, with the consent of the subject (not like that matters), but otherwise has not been handing it out. He says he was not aware this was illegal, and I actually believe him about this. Anyway, the school contacted the DA and handed over my sons phone. My son has apparently deleted the texts where the actual transaction takes place, but I think the police can recover those. Anyway, apparently the DA told the school principal that they almost never press charges about this sort of thing, and aim to educate. Realistically though, what sort of police/legal response should I expect?

 

[Ladyback1]

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

Today, my son was caught with nude or semi nude photos of several girls within his grade. Two of them were sent to him directly by the girls, and the other three were sent to him unsolicited (he claims) by another student. He has apparently distributed one picture once, with the consent of the subject (not like that matters), but otherwise has not been handing it out. He says he was not aware this was illegal, and I actually believe him about this. Anyway, the school contacted the DA and handed over my sons phone. My son has apparently deleted the texts where the actual transaction takes place, but I think the police can recover those. Anyway, apparently the DA told the school principal that they almost never press charges about this sort of thing, and aim to educate. Realistically though, what sort of police/legal response should I expect?

Whether he knew it was illegal or not---would he want those kind of pictures of himself disseminated amongst his classmate or others? Geez! Where's the common sense there?

All that aside: I would recommend you contact an attorney, hire an attorney for your son, and do not allow your son to be questioned unless the attorney is present.

No one can really predict what sort of action the DA will take on this...

(and I'm sorry, but, I cannot BELIEVE that teens these days do not understand or know that possessing and/or sharing those kinds of photos via electronic means, is ILLEGAL.)

 

[brucemrehn]

Oh god I know. A little common sense would've helped! I guess hormones are a powerful thing... My son has already told his principal everything, and we are still not sure if the DA will want to do anything. The school still has several more kids to talk to. Still, you think its best to get a lawyer before we are sure if the DA will even question him?

 

[Ladyback1]

Oh god I know. A little common sense would've helped! I guess hormones are a powerful thing... My son has already told his principal everything, and we are still not sure if the DA will want to do anything. The school still has several more kids to talk to. Still, you think its best to get a lawyer before we are sure if the DA will even question him?

If it were my 14 y/o (and yes, I do have one!) I would want legal counsel.

 

[brucemrehn]

If it were my 14 y/o (and yes, I do have one!) I would want legal counsel.

Alright thank you so much. I did some research and this kind of thing is rarely convicted, but based on my sons circumstances, do you think he may end up getting sentenced? I really hope my son hasnt just thrown away his future thanks to some dumb, horny mistake.

 

[Ladyback1]

Alright thank you so much. I did some research and this kind of thing is rarely convicted, but based on my sons circumstances, do you think he may end up getting sentenced? I really hope my son hasnt just thrown away his future thanks to some dumb, horny mistake.

I do not know how your DA will handle it.
I have a fair idea of how my local DA would handle it; but, that's because I'm familiar with the "tone" of the court here.

Hopefully, *IF* the DA decides to make an example out of this incident, the kids involved with just get a fine and community service hours. I don't think your son has thrown away his future, as if this is adjudicated, it most likely will be in a juvenile court, and *usually* juvenile records are difficult to obtain as it relates to college entrance, military sign up and/or employment/background checks.

 

[brucemrehn]

I do not know how your DA will handle it.
I have a fair idea of how my local DA would handle it; but, that's because I'm familiar with the "tone" of the court here.

Hopefully, *IF* the DA decides to make an example out of this incident, the kids involved with just get a fine and community service hours. I don't think your son has thrown away his future, as if this is adjudicated, it most likely will be in a juvenile court, and *usually* juvenile records are difficult to obtain as it relates to college entrance, military sign up and/or employment/background checks.

Wow thank you sooo much. Youve been incredibly helpful. If you can answer it, I have one last question. All of the "exchanges" took place months ago, and th texts have long been deleted. Is it even possible to access that at all?

 

[Ohiogal]

Wow thank you sooo much. Youve been incredibly helpful. If you can answer it, I have one last question. All of the "exchanges" took place months ago, and th texts have long been deleted. Is it even possible to access that at all?

It is possible. It is possible for the DA to prosecute. In my community they have prosecuted teens for sexting. Of course I am in Ohio and we had the whole Steubenville rape situation which has really raised alarm bells.

 

[Just Blue]

All of the "exchanges" took place months ago, and th texts have long been deleted. Is it even possible to access that at all?

Yes it is still possible.

 

[Indiana Filer]

I've had several juvenile clients with the charge d Disseminating Material Harmful to a Minor, the felony charge in my state.

And we reveal all records upon request, and signed release, to military recruiters, but not to colleges.