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Is explicit sexual text messages sent to a 15 year old illegal in California?

Lancaster, CA |

My daughter has been receiving text messages containing descriptive sex acts that the sender is describing as wanting to do to her. I believe that the sender is a high school student and may be 17 or 18 years old. What should I do?

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Attorney answers 4

Posted

You have the right to make a complaint to the police as well as the school authorities, and even to the cell service provider. However, the responses of any or all of these will depend on the quality of proof that is available to identify the sender and the exact nature of the matter in the texts that you find offensive. Also, be aware that any police or school investigation will inevitably include questioning your daughter. It may be important for you to ascertain whether she has made it clear that these texts are unwelcome and that she has not participated in similar responsive texts. No disrespect intended to your daughter, but many young people feel that by transmitting "racy" messages via a device, that there is some insulation from accountability. This notion causes many adolescents to communicate via text in ways they would not dream of communicating in person. So, check first, before she is put in a position of having to answer an investigator's questions.

My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.

Posted

Forget Illegal, you have Civil Remedies. First thing to do is, DOCUMENT EVERYTHING. Print text messages and if you can't do that, take pictures of them. Next thing to do is make a request order to stop civil harassment!

If I can be any more help to you, please feel free to contact me!

Elliot R. Zarabi, Esq.
(818) 478-9895

Legal disclaimer: This is just my opinion and not a comprehensive answer. You assume the risk because this answer may not apply to your situation depending on the facts.

Posted

Take your daughter's phone away from her. Report the sender to his high school principal. Make sure it is not Anthony Weiner.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.

Posted

Very illegal, under both CA and federal law. I'd take the phone to the police and let them deal with it.

PLEASE READ THIS BEFORE YOU COMMENT, EMAIL ME OR PHONE ME. I'm only licensed in CA. This answer doesn't make me your lawyer, and neither do follow-up comments and/or emails and/or phone calls, and you shouldn't expect me to respond to your further questions if you haven't hired me. We need an actual agreement confirmed in writing before any attorney-client relationship is formed. This answer doesn't constitute legal advice, and shouldn't be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue.

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