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If someone over 18 in California has cyber sex with someone who is 17 in New York, can the person in California get in trouble?

Berkeley, CA |

The age of consent in California is 18, but in New York it is 17. What are the chances of the person in California getting in trouble and under what juristictition?

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Attorney answers 2


Under California law you would definitely be in trouble. Under New York law you may be okay. However, under federal law a minor is anyone under 18 so it is likely to be problematic if the FBI comes a knockin'. Good luck.

The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice based upon the query without additional details. It is highly recommended that one should seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting. Moreover, this response does not constitute the creation of an attorney-client relationship since this message is not a confidential communication because it was posted on a public website, thereby publicly disclosing the information, which is another reason to setup a confidential meeting with an attorney.


If you have pictures on your electronic devices of "kiddie porn" (anyone under 18) the Feds take this very seriously. You could face prison and being on the sexual predator list for life.

I always counsel my clients never to send, receive, post or take nude pictures. Nothing good ever comes from these actions.

This post is provided for general informational purposes only and is not intended to be legal advice specific to you. This general information is not a substitute for the advice of an attorney in your jurisdiction. The attorney client relationship is not established by this post.