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Communicating with a Minor for Immoral Purposes... Does this case fit? If so, what does?

Union, NJ |

Person A went into a site such as "Chatroulette" and typed in "sext" as interest. This matches people up to different people of the same interest at random. Person A, a 17 year old male, came across Person B, a 17 year old female. A asks for her IM username, and B readily gives it.

Now in the IM chat box, B is the one initiating the conversation. B asks, send me a pic of your d***, and A says, no - I have no camera. B then says, oh but let's sext anyway. A sends obscene messages - but none indicate any further action towards B. They're just "theoretical", or "story-like" sexual statements-- Like an erotic novel. After a while, A asks B to complete the story, but B vaguely answers. A says, I'm bored, and leaves.
Illegal? Does it change the case if B was an undercover cop?

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Attorney answers 4

Posted

Person A is very lucky that he did not send any pictures. In Wisconsin he could be charged with exposing a minor to harmful material. As for the rest, it depends on how explicit the fantasy was.

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Confidential information should not be disclosed in this Internet forum. I am a Wisconsin lawyer. The laws in each jurisdiction can be very different. 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. Experienced Criminal Defense Lawyer in Madison, Dane County, Wisconsin http://addbalance.com Talking to the Police - Advice from Lawyers and Police: http://addbalance.com/police.htm

Asker

Posted

A's texts were pretty explicit. A lot of imagery. Picture without words pretty much (if that describes it enough). Also, can it be a case of "entrapment" for A as a counter debate?

Charles K. Kenyon Jr.

Charles K. Kenyon Jr.

Posted

You do not want to be putting the information I or another lawyer would need on the Internet. Talk to a local criminal defense lawyer, now.

Asker

Posted

And if at one point in the conversation, Person A asks if Person B: "do you have a "selfie" (a picture of yourself - like a profile pic), on the context of talking about profile pictures. His is a body of a shirtless man with abs. He doesn't necessarily specify an explicit picture, nor is he saying to send it. Is he implicitly saying that he wants a nude photo? Can he get charged for that as well? Thanks for the help btw. I wanted to see a real attorney's POV in this given scenario.

Asker

Posted

Haha alright thank you, but It's all theoretical anyway

Charles K. Kenyon Jr.

Charles K. Kenyon Jr.

Posted

No more details. This is not a confidential forum.

Posted

The exact wording of the messages (which you absolutely should not write in this forum) are very important. It's impossible to assess you potential liability without knowing that. You need a lawyer. Hire one soon and be thankful you did not send any pictures.

Posted

You absolutely need an attorney. In general, though, the actual language used and the transcript is of paramount importance. I have been able to get such cases dismissed based on the full transcript but do not post it here. Contact an attorney as soon as possible.

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Posted

It depends on much more facts than posted. At 17 most things are OK but publishing photos is not. There would be entrapment issues as well and endangering has a different age limit than other sex offenses. Call with more information.

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