Hello. I am a resident of Virginia, and have been using a dating website. I came across a profile of a girl living in California, and messaged her saying "who can resist a girl that speaks Latin and can moan in Spanish?"
Her profile description describes as her being over 20 years of age, yet on her profile description, she listed her age as being 18. Now, under the presumption that this girl (supposedly) is even further lying about her age, and in fact is a minor, should I be getting worried about the message?
Thank you for your time today.Oh. I found her profile, and she is in the state of Nevada, and not California. (supposedly, if she is telling the truth).
If that's all you wrote, you're good. It wasn't explicit and you weren't advised she was a minor at the time. Be careful, though!
I practice in Maryland, not Virginia, however, I believe the laws on this issue are similar. I have changed your practice area so you will get better responses. I would not worry if your message is as you say. It is not explicitly a solicitation to do anything sexual, which is the gravamen of most of the applicable statutes. If you have age doubts, find a new friend. This is a matter of State law. I would strongly suggest that you consult with a local attorney (perhaps selected from the AVVO website resources) with experience in this area of law, to offer a free initial consultation and perhaps assist with the process. Once you are comfortable with he or she, you should hire them to guide you in this process. I have changed your practice area so that you will get more and better answers. If this information was helpful to you, even if you do not like or agree with the advice, please let me know by clicking on the “Helpful” or “Best Answer” button. Good luck!
This information is provided as general guidance only, not actual legal advice. I have not reviewed your paperwork, and I may not be licensed practice law in your state. The fine points of your question are often found in the laws of your State. So, this response is not intended to be legal advice and you should rely on this information only to give you some idea of what you should do.
As mentioned, while securely in nature, your message was not securely solicitation of a minor. But it is time to end all communication with this undercover police officer before he does tell you he is a13 year old girl.
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When her "father' demands money to keep from putting you in jail for soliciting his underage "daughter".... you will know that this is a scam.
I am an Attorney-at-Law, licensed to practice law only in the state of California. Unless we have both signed a formal retainer agreement, you are not my client, and my discussion of issues does not constitute legal advice. Opinions expressed herein are those of the author, and do not necessarily represent the opinions of those who hold other opinions.
Not as you used it. This was not a solicitation, which is the main concern most often.
R. Jason de Groot, Esq. We do not have an attorney-client relationship. I am not your lawyer. The statements I make do not constitute legal advice. Any statements made by me are based upon the limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in Florida.
To answer your specific question, like many other words, it would depend on the context, and in this case, yes it is sexual in nature. To answer your actual question of whether it is illegal to use a single sexual reference to a woman who may or may not be 18, the answer is no. Despite today's society's attempt to criminalize language, this itself is quite legal. I do question though how thoughtful a thing it is to say to a woman who you do not know.
In context, yes, the word is sexual in nature. But I don't think you committed a crime. But as others suggest, please be careful. Save your overtly flirtatious lines for meetings where you know the person a little bit better.
The response I have provided is general in nature, and does not create an attorney-client relationship. My practice is based in Rhode Island, and the law and practice in other states or jurisdictions may be different.
Sounds like she's a hooker. I'd find a more "traditional" way to meet women closer to home.
SAN DIEGO CRIMINAL DEFENSE ATTORNEY--20 years experience--FREE CONSULTATIONS
What you posted must be considered in the context with the rest of the post you made with this other person-unfortunately, the tendency is to arrest and charge first, sometimes the facts don't come out until later. If you have any doubt as to whether you're dating activities are pushing the boundaries of the law, I strongly recommend you throttle back to the mundane and contextually safe kinds of conversations that would not interest a district attorney.
NOT LEGAL ADVICE, NO ATTORNEY-CLIENT PRIVILEGE ATTACHES, FOR INFORMATION ONLY. DO NOT RELY ON ANY ADVICE YOU RECEIVE FROM ME OR ANY OTHER ATTORNEY IN THIS FORUM. Legal advice comes after a complete review of the facts and relevant documents and an expressed (written) agreement of representation that forms attorney-client confidentiality. Neither of these two events can occur in this forum. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. His answers to any Avvo question are rooted in general legal principles--NOT your specific state laws. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this or any other matter.
Best to start meeting girls out and about instead of this nonsense.
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