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Statute of limitations for distribution/possession of child pornography

Madison, GA |

What are the statutes of limitations for a sexting crime committed between two 15 year olds? Both sent sexual pictures but now one may wanna charge. Can they? Or would the party pressing charges not have a case since they are equally guilty? Help please??

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Best Answer

Child pornography is a felony. Georgia has 4 years to prosecute. The federal government has 5 years.

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Fun question. If you have photos of another, you are possessing kiddie porn, if you took photos of yourself, you produced kiddie porn. DON'T DO THIS. Not possess or produce, errasing does no good, stays on memory. However, I have never seen feds in south arrest minor for this, they let state take care of. BUT YOU HAVE A PROBLEM....tell your.parents now that you need legal representation NOW! Do not wait. Protect yoursel.

Claiborne H. Ferguson, Esq. is * Certified as a Specialist in Criminal Trial Advocacy by the National Board of Trial Advocacy. * Certified as a Specialist in Criminal Trial Advocacy by the Tennessee Commission on Continuing Legal Education and Specialization.


The federal statute of limitations is five years. But if the offense behavior is recent, you have bigger worries than the statute of limitations. You need to find a good lawyer!


Application of a statute of limitations is not a simple calculation. Law review articles and law school examinations often treat the nuances of how and why a limitation period applies in a certain case.
My colleagues have given you good numbers and good advice.
Only an experienced criminal defense attorney is able to properly advise you regarding your situation. Do not take false hope in your application of a complex legal concept.

Of course every answer is based on the question asked and requires a more complete context. This answer should not be relied upon to make a legal decision. Seek the advice of an experienced attorney before acting.


The facts could be considered a misdemeanor or a felony, depending on the specific facts. A misdemeanor statute of limitations is 2 years in Georgia. A felony statute of limitations is 4 years on Georgia. A federal statute of limitations can be 5 years.

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