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Is it illegal for a 18 year old to talk to his 15 year old girlfriend (whom is living in Texas) about sex using text messages.

Pittsford, NY |
Filed under: Juvenile law

She is curious about sex and together they openly talk about it. They share fantasies with each other and talk about what they would do sexually if they were together. However, even though they talk about would be like meeting and having sex, they have no actual plans of carrying out any of these fantasies in real life. Is this legal?

Attorney Answers 3


It could be diseminating indecent material to a minor and violate federal and New York state law.

I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.

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Yes, there could be liability for engaging in this type of activity.

An 18 year old should know better, and a 15 year old is protected by the law because they aren't old enough to make their own decisions yet.

I recommend you suggest these friends stop talking about sex - and definately DO NOT think about sexting! Then their would be serious child pornography complications.

This post is provided for general informational purposes only and is not intended to be legal advice specific to you. This general information is not a substitute for the advice of an attorney in your jurisdiction. The attorney client relationship is not established by this post.

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1 comment

Andrew Mark Jaffe

Andrew Mark Jaffe


I know the difference between their and there. It was just below the box so I did not see the mistake to correct before posting. I wish avvo gave us bigger boxes to answer in.


This could be considered enticing a minor or other crimes, I would not take the chance of getting arrested.

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