• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Nude Photos sent via Text

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

ctanner

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

My 14 year old daughter was "became acquainted" with a 17 year old male, from another state, via the internet, Facebook specifically, through a 'friend of a friend of friend'. On 1/6/2011 I found explicitly graphic nude pictures of this young man on my daughter's cell phone memory card. The pictures had been sent on 12/20/2010 and the boy turned 18 on 1/5/2011. Her stepfather contacted the boy and and he admitted he knew she was 14 and admitted to the photos and admitted to being 18. In fact, both were aware of each others age.

Upon further investigation we discovered that this person had been texting my daughter asking her repeatedly to send him naked pictures of herself. Eventually she did and in return he sent the ones of him. I turned the memory card over to the Sheriff's office but am still a little confused. Where was the crime committed, what crime was committed and who is the offender? Did it occur when:

1. She sent (at his request) nude photos of herself~making it a Washington Crime.
2. When HE received the pictures on his phone in California~making it a California Crime.
3. When he sent her the pictures of himself from California~making it a California Crime.
4. When SHE received them here in Washington?

Because she is 14 and he is now 18, although 17 at the time he sent the photos does the age of consent law apply and how will the court view this? She did send photos of herself at his request BUT at 14 she's not old enough to consent or be mature enough to understand her actions, right? He knew she was 14 and there's more than a 3 year age difference and he solicited her. So he has possession of technically child pornography...she's in possession of pornographic photos of an 'almost 18 year old boy'...where does the law come in on this and WHAT state will address it?
 


justalayman

Senior Member
she is guilty of possessing child porn (pics of the guy as a minor). He is guilty of distributing child porn (yes, even though they are pictures of himself)

She is guilty of distributing child porn (yes, even if they are pictures of herself) and he is guilty of possessing child porn.


She did send photos of herself at his request BUT at 14 she's not old enough to consent or be mature enough to understand her actions, right?
wrong.

for the possession of child porn, whatever state they get caught in will rule. For distributing, it could be both the resident state and the receiving state laws that could become involved.
 

davew128

Senior Member
How long did you ground your daughter and take the phone away from her? And by the way, at 14, she's MORE than aware of what she's doing. How do I know that? SHE DID IT. :eek:
 

TheGeekess

Keeper of the Kraken
Not only state, but federal laws as well have been violated.

Federal prosecutors enforce the laws that make it a crime to possess, receive, distribute or produce child pornography in a way that affects interstate or foreign commerce. See 18 U.S.C. §§ 2251, 2252, 2252A. Thus, federal jurisdiction is implicated when the visual image is transported across state lines, or when the visual image was produced using materials that were transported across state lines. It is important to note that this set of requirements covers transporting pornographic materials depicting children electronically by computer.
Child Exploitation and Obscenity (CEOS): Citizen's Guide to U.S. Federal Child Exploitation and Obscenity Laws on Child Pornography
 

ctanner

Junior Member
OK I understand the thought process and the technical issues. But if it were a situation of sexual intercourse the boy would be guilty of statutory rape for first knowing she was only 14 and secondly at the age of 14 and under one cannot give consent to sexual intercourse and there's a 2 year age difference rule in this state that also plays a factor. So how can a 14 year old considered unable to consent to sexual intercourse be held accountable for possession of unsolicited pornography sent by this person?
 

ctanner

Junior Member
To Dave:

To satisfy your question, access to cellphone and internet access has been indefinitely deprived. Secondly, not defending her actions, BUT if the law states the a 14 year old is NOT of legal age to consent then that's the law. This wasn't a physical relationship...they never even met face to face...he found her on the internet and she was irresponsible. He KNEW what he was doing.

So is this guy not accountable for soliciting and distributing pornography from and with a 14 year old girl?

If a 14 year old can and should be held to the same standard as any other person then we wouldn't age of consent laws.
 

justalayman

Senior Member
OK I understand the thought process and the technical issues. But if it were a situation of sexual intercourse the boy would be guilty of statutory rape for first knowing she was only 14 and secondly at the age of 14 and under one cannot give consent to sexual intercourse and there's a 2 year age difference rule in this state that also plays a factor. So how can a 14 year old considered unable to consent to sexual intercourse be held accountable for possession of unsolicited pornography sent by this person?
because this has nothing to do with statutory rape. This is child porn and yes, there are minors being charged with it more and more. Ever hear the term "sexting"? It is a serious problem.
 

antrc170

Member
I think that the OP is confusing the age of consent rule with the "age of knowledge". The age of consent is the age that is set forth by the state when a minor can give be involved in consensual sex actoins, which bar the state from pursuing rape charges. The age of knowledge is an undefined age which determines when or if the minor knew, or should have known, the consequences of their actions. Courts have varied wildly on this concept. I would suspect that the courts would find that a fourteen year old should know what the consequences are for sending and possessing sexually explicit material. While the male might have been pursuing the picutres she could have and should have said no.

The following is how I see the crimes for the state
Male - 1 count of sexual exploitation of a minor (9.68A.040) for soliciting the photos Class B Felony
3 counts of child pornography in 2nd Degree 9.68A.050 [1 for the exhange, and 1 for the possession, and 1 for the creation] Class C Felony
1 count of tranfer of child porn into state (9.68A.060) for causing the images to be transferred into the state Class C Felony

Female 3 counts of child pornography in 2nd Degree 9.68A.050 [1 for the exhange, and 1 for the possession, and 1 for the creation] Class C Felony
1 count of tranfer of child porn into state (9.68A.060) for causing the images to be transferred into the state Class C Felony
 

justalayman

Senior Member
in other words; your daughter should not speak to the police without a lawyer first being consulted. While the local prosecutor may see things your way, they have every right to charge your daughter with crimes.

she needs to stand by her 5th amendment rights to not incriminate herself. She needs the assistance of a lawyer.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top