My niece became friends with a stranger via social media. It's our understanding this "friend" is also a minor female. The requester/recipient of the nude photo has since distributed the nude picture via online websites.
We are concerned that my niece may be charged for sending the requested photo to just the one "friend" in the first place.
Also, would the "friend" that requested the nude photo be charged for distributing the picture? Is there way to try to have the photo removed?
It sounds absurd but prosecutors have charged minors with distribution of child pornography for sending nude selfies to others. If it was to happen, it would be life ruining and require her to register a sex offender. The law should be changed, but what politician would have the guts to argue to make child pornography legal.
If your niece is under 18 years of age, and she sent a sexually explicit photo of herself to ANYONE, she can be charged with distributing child pornography. The requester can also be charged with both possession and distribution of child pornography if she passed it on to a third person.
You need to get your niece a good criminal defense attorney and have him advise you how to handle this situation.
I'm licensed to practice law only in Indiana, and we've never met, so I can't give you "legal" advice. My answer is simply "friendly" advice based on my experience as an attorney in Indiana, my knowledge of federal and common law, and common sense. Even if you are in Indiana, employment law questions are very fact specific, and based on the limited information you provided in your post, I can't give you legal advice, and my answer is intended as general information only. It doesn't create an attorney-client relationship.
Adults are free to cyber-sex, but minors are not. Even having a picture of one's self if you are a minor is considered having child pornography. If the pictures have been sent to someone there is the added charge of distributing child pornography. The authorities take these actions very seriously and will charge offenders when found.
Finally, nothing good ever comes from sexting. Even adults will find that when one party gets mad at the other their pictures are spread all over the Internet and then they will spend a lot of time and effort, and even money to get these nasty pictures removed.
DO NOT ENGAGE IN CYBER SEX - NOTHING GOOD EVER COMES FROM THIS ACTIVITY.
As to the sites that have published the pictures online -- Contact the sites and tell them it is a picture of a minor. It will be taken down in a New York minute.
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.
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