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12 year old boy with nude pics of girlfriend. Was a crime committed when he showed the pics to friends at school? Help!

Petersburg, IL |

my son is 12 and he had some naked pics of another girl, same age, and he showed them to some kids at school. The school called the police and they confiscated his phone and said they would contact me to let me know if they were going to charge him or not. It has been 2 weeks and i have not heard anything. I just called the states attorney office and they said they do not even have a report on him and that i should call the police. How long will it take them to file the report and how long can they wait to do it? Can they hold his cell phone indefinitely or until the case is over, if they make one? I dont feel that this is really a "crime" but it seems that they do. I just want some piece of mind for me and my son. Hate the waiting game.

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Attorney answers 1


A lot of jurisdictions are filing petitions on juveniles for creating, possessing, or distributing nude pictures of their peers. It is a serous crime, if charged as an adult. It is essential you hire an attorney experienced in juvenile delinquency law. In addition, your son should be instructed that if/when approached by law enforcement or a school official about this issue, he should invoke his right to remain silent and speak with an attorney. He needs to be clear - he must say I am not talking to you, I want to speak to an attorney. He cannot say things like, "it might be nice to talk to an attorney" or "should I talk to an attorney?"