General Question

smartfart11's avatar

If someone over the age of 18 "sexts" a minor, what kind of trouble can they get in?

Asked by smartfart11 (502points) December 17th, 2009

There is an issue at hand with this crazy girl I know. She’s 18, and I found out that she has sent nudey pictures of herself to this kid who is under 18. Just curious, but if that kid wanted to get her in trouble, could she be facing some pretty serious consequences?

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9 Answers

HighShaman's avatar

Jail Time comes to mind IF the parents take the “Sext” to the local prosecuator .

Dominic's avatar

Depends on what state you’re in. In New York, the crime is “Disseminating indecent material to minors,” and even a second-degree offense is punishable by 1–4 years in prison. And if, by so doing, you’re inviting reciprocal behavior, it’s up to 7 years in prison. Check your local penal code!

smartfart11's avatar

@Dominic What about Nebraska, though?

Dominic's avatar

@smartfart11 I’m not very familiar with your state’s “Crimes and Punishments,” as your legislature apparently calls it. You can find the text I’ve used here.

It looks like you can go to prison for up to a year just by having obscene material, which I haven’t looked up, but assume that nude photos would qualify as obscene material (see 28–813). It’s also illegal to exhibit nude materials to a minor (see 28–809). Both of these are Class I Misdemeanors, which means up to a $1,000 fine and a year in jail. Those both sound a little low — I’m sure Nebraska must have a stronger prohibition in some section I skimmed over.

I’d love to do more research, but I’m afraid my dinner just arrived, and I’m starving. Good luck with your friend that makes bad decisions!

smartfart11's avatar

Have a nice dinner, and thank you!

sevenfourteen's avatar

wouldn’t that be indecent exposure? I mean maybe the kid wanted them but technically it doesn’t matter what he said as long as she sent them and she is over 18 and he isn’t.

deni's avatar

can i please take a moment to brag about the fact that this whole SEXTING phenomenon came from my high school? well of course kids everywhere do it but it was a girl a few grades below me last year that started that whole nationwide scandalous thing. all us alumni were so proud…..................

Violet's avatar

2–10 years in jail, depending on which state you live , and that’s just for the sex talk. Being in possession of child porn is anywhere from 5–40 years, maybe more.

dutchbrossis's avatar

Unfortunately yes she can get in trouble. Many people may not like my view on this. I don’t see anything wrong with nude pictures if the person wants them, no matter their age. They are just pictures and it is just the human body.

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