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?
Debt Collection Attorney
Yes He Can. Everywhere.
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Yes he can, all day long. State makes no difference. Child Pornography is also illegal under Federal Law.
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General Practice Lawyer
No, but he can be charged with possession and distribution of child pornography.
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Real Estate Attorney
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 www.hamadlawfirm.com. If this post is useful to you, please remember to upvote it.