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Question about pornography crime ?

Warren, CT |

Hypothetical. Matt is 22, Jess is 21 and they were dating. They got in a fight and Matt posted a nude photo of Jess on his Facebook that was taken when she was 15. Since she was 15 when the photo was taken, can he now be charged with a pornography crime? Would it vary by state?

Attorney Answers 4

  1. Yes He Can. Everywhere.

    Disclaimer: The foregoing answer does not create an attorney-client relationship with Attorney Cannella or her firm. This answer does not constitute legal advice, is provided for informational and educational purposes only for persons interested in the subject matter, is not legal opinion, nor confidential in nature. Each situation is fact specific and may be subject to state specific laws. Without a comprehensive consultation and review of all the facts and documents at issue it is impossible to evaluate a legal problem fully.

  2. Yes he can, all day long. State makes no difference. Child Pornography is also illegal under Federal Law.

    If this Answer was of assistance please mark it as "helpful." Mr. Pascale is licensed to practice law in the State of New York. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and time-lines that, if known, could significantly change the reply and make it unsuitable. Mr. Pascale strongly advises the questioner to confer with an attorney in their state in order to insure proper advice is received.

  3. No, but he can be charged with possession and distribution of child pornography.

    I am an Attorney-at-Law, licensed to practice law only in the state of California. Unless we have both signed a formal retainer agreement, you are not my client, and my discussion of issues does not constitute legal advice. Opinions expressed herein are those of the author, and do not necessarily represent the opinions of those who hold other opinions.

  4. Somehow I doubt this is a hypothetical... you wouldn't be asking if it was.

    Simply having that picture at all may be a crime. Posting it certainly is (distribution).

    Regardless of any relevant state law, federal law certainly can apply.

    If this is a real issue, contact an experienced criminal attorney immediately.

    This is not legal advice and is not intended to create an attorney-client relationship. The post is only an opinion. You should speak to an attorney for further information. The poster is licensed only in CT & NY. You can reach us at If this post is useful to you, please remember to upvote it.

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