Person A went into a site such as "Chatroulette" and typed in "sext" as interest. This matches people up to different people of the same interest at random. Person A, a 17 year old male, came across Person B, a 17 year old female. A asks for her IM username, and B readily gives it.
Now in the IM chat box, B is the one initiating the conversation. B asks, send me a pic of your d***, and A says, no - I have no camera. B then says, oh but let's sext anyway. A sends obscene messages - but none indicate any further action towards B. They're just "theoretical", or "story-like" sexual statements-- Like an erotic novel. After a while, A asks B to complete the story, but B vaguely answers. A says, I'm bored, and leaves.
Illegal? Does it change the case if B was an undercover cop?
Criminal Defense Attorney
Person A is very lucky that he did not send any pictures. In Wisconsin he could be charged with exposing a minor to harmful material. As for the rest, it depends on how explicit the fantasy was.
If you are contacted by the police or social workers do not talk with them without talking to a criminal defense lawyer first. See the links below about talking to the police; watch the videos.
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Confidential information should not be disclosed in this Internet forum. I am a Wisconsin lawyer. The laws in each jurisdiction can be very different. I cannot give legal advice over the internet nor can I establish an attorney client relationship with you. You should NOT assume or otherwise conclude that there is an attorney -client relationship between any reader and this writer or his firm. These comments are only guideposts. They are not subject to any privilege protections. Indeed, these internet communications are neither privileged nor confidential. Accordingly, those using this form of communication need to be guarded in what they write. Because of the nature of these communications the information is general only and should not be relied upon in any specific case. This internet site is public forum, where the communications are not confidential or privileged. There may very well be merit to your defense or position in this type of situation. However, there are hardly sufficient details for an attorney to provide you with some path to follow. It is imperative that ALL of the facts in a particular situation be examined. No conclusion can be drawn from the communication that you have provided. There are some matters that are just better handled by an attorney familiar with the procedures of the courts in your area. Most, if not all, legal matters should not be handled via internet communication. At best, the responders on this site can give you a few hints and guidance. To deal with a legal problem, nothing is better than to consult with a lawyer who will give you some time and advice. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services. Experienced Criminal Defense Lawyer in Madison, Dane County, Wisconsin http://addbalance.com Talking to the Police - Advice from Lawyers and Police: http://addbalance.com/police.htm
The exact wording of the messages (which you absolutely should not write in this forum) are very important. It's impossible to assess you potential liability without knowing that. You need a lawyer. Hire one soon and be thankful you did not send any pictures.
Criminal Defense Attorney
You absolutely need an attorney. In general, though, the actual language used and the transcript is of paramount importance. I have been able to get such cases dismissed based on the full transcript but do not post it here. Contact an attorney as soon as possible.
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