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  1. #1

    Question Email and phone sex with a minor

    in this case she's 17 until next month, i'm 32 in california.

    there hasn't been anything sexual yet but it's heading there and i wonder if email of a sexual nature is illegal, and also sexual phone conversation. i already know better than to actually have sex with her.

    all i've been able to find is that intercourse with anyone under 18 is illegal.

  2. #2
    Join Date
    Jan 2007
    Location
    New Zealand
    Posts
    12

    Default Re: Email and phone sex with a minor

    Cal Pen Code 288.2 (2006)

    288.2. Sending harmful matter to minor by telephone messages, electronic mail, Internet, or commercial online service; Defenses; Exemption of carrier, broadcaster, or transmitter



    (a) Every person who, with knowledge that a person is a minor, or who fails to exercise reasonable care in ascertaining the true age of a minor, knowingly distributes, sends, causes to be sent, exhibits, or offers to distribute or exhibit by any means, including, but not limited to, live or recorded telephone messages, any harmful matter, as defined in Section 313, to a minor with the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of that person or of a minor, and with the intent or for the purpose of seducing a minor, is guilty of a public offense and shall be punished by imprisonment in the state prison or in a county jail.

    A person convicted of a second and any subsequent conviction for a violation of this section is guilty of a felony.

    (b) Every person who, with knowledge that a person is a minor, knowingly distributes, sends, causes to be sent, exhibits, or offers to distribute or exhibit by electronic mail, the Internet, as defined in Section 17538 of the Business and Professions Code, or a commercial online service, any harmful matter, as defined in Section 313, to a minor with the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of that person or of a minor, and with the intent, or for the purpose of seducing a minor, is guilty of a public offense and shall be punished by imprisonment in the state prison or in a county jail.

    A person convicted of a second and any subsequent conviction for a violation of this section is guilty of a felony.

    (c) It shall be a defense to any prosecution under this section that a parent or guardian committed the act charged in aid of legitimate sex education.

    (d) It shall be a defense in any prosecution under this section that the act charged was committed in aid of legitimate scientific or educational purposes.

    (e) It does not constitute a violation of this section for a telephone corporation, as defined in Section 234 of the Public Utilities Code, a cable television company franchised pursuant to Section 53066 of the Government Code, or any of its affiliates, an Internet service provider, or commercial online service provider, to carry, broadcast, or transmit messages described in this section or perform related activities in providing telephone, cable television, Internet, or commercial online services.

  3. #3
    panther10758 Guest

    Default Re: Email and phone sex with a minor

    Quote Quoting bobterwillager
    View Post
    in this case she's 17 until next month, i'm 32 in california.So why are you talking to her?

    there hasn't been anything sexual yet but it's heading thereStop the chat! and i wonder if email of a sexual nature is illegal, and also sexual phone conversation. i already know better than to actually have sex with her.

    all i've been able to find is that intercourse with anyone under 18 is illegal.

    Have you watched TV at all! I first wonder why a 32 year old needs to hold ongoing chats with a teen? Next why does a 32 year old need to continue said conversations knowing they are heading towards chats of s sexual nature. do you want to go to jail do you want to register as a sex offender? I have concernsabout how honest your being with us and your motivation for said chats. You want advice stop the conversations with this young lady (who maybe Police plant!) and block her ID from talking to you any further! Next stop thsi senseless chat with minors unless of course you want trouble because thats the only place it can lead!

  4. #4

    Default Re: Email and phone sex with a minor

    bummer, i'll just wait a month then.

  5. #5
    Join Date
    Jul 2006
    Posts
    2,652

    Default Re: Email and phone sex with a minor

    So you are absolutely positive she is 17 and not lying?

  6. #6

    Default Re: Email and phone sex with a minor

    no i'm not positive. that is just what she said.

    btw, i didn't go looking for this, she responded first to a singles ad i placed for adults. does that make a difference? probably not but that's what happened.

  7. #7
    Join Date
    Jan 2007
    Location
    Ontario, Canada
    Posts
    122

    Default Re: Email and phone sex with a minor

    Keep in mind it may very well be a 52 year old guy that's your 17 year old female. Or even better, the police!

    All the best!

    Jay

  8. #8
    panther10758 Guest

    Default Re: Email and phone sex with a minor

    Quote Quoting bobterwillager
    View Post
    no i'm not positive. that is just what she said.

    btw, i didn't go looking for this, she responded first to a singles ad i placed for adults. does that make a difference? probably not but that's what happened.
    My God is that your defense! Geez! You continued the chats!! You own your actions and honeslty I think you have already engaged in illegal chat and now your worried!

  9. #9
    Join Date
    Jul 2006
    Posts
    2,652

    Default Re: Email and phone sex with a minor

    Quote Quoting jturner901
    View Post
    Keep in mind it may very well be a 52 year old guy that's your 17 year old female. Or even better, the police!

    All the best!

    Jay

    Yes, and she actually could be younger pretending to be older.

  10. #10
    panther10758 Guest

    Default Re: Email and phone sex with a minor

    Question: Why does a man continue a chat with a minor that is heading in a sexual direction if he doesnt want it?

    Answer: He does want it! Any normal man who after hearing his chat buddy was a minor would end chat secession and block name! I know I would. Its my guess these sexual chats have already taken place and now the pev is scared. He came here to see if he can be charged! the answer is yes you can!

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