The boy is not someone she knows from school or the neighborhood but rather from a another part of the metroplex. He reached out to her thru KIK. He is not a boyfriend, nor do we let her date at this young age. Can/Should we file charges and if so, who should we contact?
You can, whether or not you should is a moral call on your part. If you want to pursue legal action against him you can contact the police and file a complaint. If you would like to sue his family for money damages for emotional distress and privacy violations, then you should contact a civil litigation attorney to sue him and his family.
Whether or not you should is a very personal decision for you to make. Remember that everyone makes bad decisions when they are young, sometimes mercy is appropriate and other times it is not. What type of time you are in is a call for you to make. If he is prosecuted criminally, he would likely be convicted of child pornography and/or indecency with a child, and he would have to register as a sex offender for the rest of his life. That is a harsh punishment and many people that are currently enduring it deserve every bit of that harshness. Of course, there are some people who are on those lists that do not deserve the punishment. The system, as it is currently set up, does not really allow for the flexibility of punishment for differing circumstances. If you urinate on a children's playground at night with no children around and are convicted, you will register as a sex offender. If you rape a young child, you will register as a sex offender. Both of those crimes are extremely different, and yet in so many ways, our system treats them the same. So those facts are something to keep in your mind when making the decision of whether or not to file any complaint against this child.
I am sorry for what you are going through and I wish you the best of luck in making this decision.
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You need to have a stern talk with your daughter to not communicate with this boy any more. You should block his number from her phone. Whether to report it is your decision. Don't see a viable lawsuit.
Was my answer "HELPFUL" and/or a "BEST ANSWER?" I appreciate you for noting same. Thank you. The information contained herein is not to be construed as legal advice. The questioner should seek independent legal advice from a qualified attorney after establishing a proper business relationship. Forrest Welmaker is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization. No attorney fees unless a recovery is made. Doctor referrals are usually available.
His actions are not consistent with legal communication with a minor. Although this could be ignored and his number blocked and your daughter can be educated as to why this is not appropriate, you can not actually control if the person is fixated toward your daughter.
Making a report may seem extreme, but the conduct on his part was not innocent conduct.
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