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Should I seek a lawyer? What kind of trouble am I in?

Jacksonville, FL |

In an online game I play, I chatted with a girl who claimed to be 18, I am 20. She uploaded these pictures herself to a website called Imgur before showing me. One of the team members re-uploaded all of the pictures into an album on Imgur, and players spammed it around. One of the system operators of the game saw this and reported the pictures and incident to the FBI because, as it turns out, she was lying and only 17 at the time, but supposedly turning 18 on September 5, 2012. I never showed her any naked pictures of myself

Attorney Answers 5


  1. A minor's misrepresentation of age when it comes to obscene materials is not usually a defense. Check out chapter 847 of the Florida statutes to find your answer (it deals with all of the "obscenity" crimes, including sexting, distributing pornographic images, etc.).

    Responses should not be relied upon for legal decision making. One should contact a lawyer and establish an attorney-client privilege to rely on legal advice. Any communication here is NOT considered attorney-client privilege and is not confidential.


  2. You've engaged in child pornography, and while "she looked 18, she told me she was 18," can be raised as defenses, the law punished the adult who gets involved with this, since the minor isn't capable of legal consent.

    Stop posting damaging admissions like "after awhile I asked her for naked pictures of herself" on public message boards like this. The police can read them too, and they can figure out who you are.. Talk only with your own criminal defense lawyer in private.

    Ducture and os can rbe raised as defenseem ronogrpaht

    Avvo doesn't pay us for these responses, and I'm not your lawyer just because I answer this question or respond to any follow-up comments. If you want to hire me, please contact me. Otherwise, please don't expect a further response. We need an actual written agreement to form an attorney-client relationship. I'm only licensed in CA and you shouldn't rely on this answer, since each state has different laws, each situation is fact specific, and it's impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue.


  3. You have a serious problem and should not speak to any police authority without an attorney.

    The above is general legal and business analysis. It is not "legal advise" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.


  4. Unfortunately, her claiming to be 18, and even looking 18, is not a defense here. I would add that it is likely the State is going to be focusing on the fact that you allegedly screen captured the pictures and showed them to others. That will be the taking of the pictures and their distribution that will be penalized.

    You need to hire a criminal defense attorney, sooner rather than later.

    This is not to be considered legal advice nor does an attorney-client relationship exist.


  5. That's a great question. The first thing you should do is go consult with a local lawyer in your area.

    Please feel free to review my AVVO profile and website. I consult and handle criminal cases throughout Florida and family law, and civil cases in North Florida.

    DISCLAIMER

    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. You may also contact the Florida Bar, (850) 561-5600.

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