Strictly Phone/Online Based Relationship

[ihaveonequestion]

My question involves criminal law for the state of: Massachusetts, New Jersey

My friend is 19 and lives in Massachusetts and recently met a girl online who is from New Jersey.
She told him she was 17 years old and stuck to the fact adamantly throughout the whole time that they talked.
He grew into a long-distance-relationship with her. During this time she sent him pictures of herself (clothed, with the exception of a few of her showing off her new belly button ring). Small, and not very serious at all talk about sex took place, as well as meeting each other and 'finally being with each other.'

A woman, who claimed to be her mother (who she told my friend had passed away) called him today and informed him that her daughter is 14 years old (not 17, like she said).
She told him she wanted to hire a private investigator and take him to court.

Legally, what can happen to him?
He has never met her.
No child pornography was exchanged.
Does the fact that she deceived him by telling him she was 17 hold any bearing in this matter?

[aaron]

Has your friend been sensible enough to stop contacting the minor?

[cyjeff]

Legally, what can happen to him?

Depending on the actual content of their conversations, prison, admission into the sexual offenders registry.

He has never met her.

That is good. That keeps the jail time down to years from decades.

No child pornography was exchanged.

That you know of. Further, pornography is one of those "I will know it when I see it" kinda things.

Having a child partially disrobe to display a piercing may qualify... only the judge can tell you for sure.... err, your friend.

Does the fact that she deceived him by telling him she was 17 hold any bearing in this matter?

None.

Ignorance of age is not an affirmative defense to most charges... though it would help in a few.

[ihaveonequestion]

he has stopped contacting her, and has deleted all contact info of hers that he has.

i dont understand why talking to a minor could put him in prison, or even the on the sex offender registry. why is jail time even involved? does the fact that he has never been in any kind of trouble with the law, and is a student at a prestigious university help his case at all? (a legal teacher of mine told the class that first time offenders, as well as students got some benefit of the doubt).

the content of the conversations was innocent for the most part (random conversation having to do with everything from how her day went to helping her with schoolwork and everything inbetween), but he did say that he wanted to have kids with her after they got married in a few years.

how does a picture of her showing her belly button qualify as child pornography at all? she voluntarily sent them, if that makes any difference.

also, why does her lying about her age not matter? and what do you mean by "though it would help in a few."

do your recommend my friend consults an attorney?


thanks for the replies.

[cyjeff]

he has stopped contacting her, and has deleted all contact info of hers that he has.

Good... but doesn't prevent the stuff on HER computer being used against him.

i dont understand why talking to a minor could put him in prison, or even the on the sex offender registry. why is jail time even involved

Have you never seen "to catch a predator"?

Just the act of talking to a child in any way that arouses or excites that child is a crime.

Using the internet to do so increases the penalty.

Doing it across states lines may make it a federal case.

There are also laws against cyber stalking.

does the fact that he has never been in any kind of trouble with the law, and is a student at a prestigious university help his case at all? (a legal teacher of mine told the class that first time offenders, as well as students got some benefit of the doubt).

First time offenders usually enjoy reduced sentences... but I get the feeling that you are saying, "Well, don't do it again" is all your friend will face.

No.

the content of the conversations was innocent for the most part (random conversation having to do with everything from how her day went to helping her with schoolwork and everything inbetween), but he did say that he wanted to have kids with her after they got married in a few years.

Oh, so before he destroyed all the evidence, you read every line of every conversation?

how does a picture of her showing her belly button qualify as child pornography at all? she voluntarily sent them, if that makes any difference.

Encouraging a 14 year old girl to display any part of her body usually covered with clothing is walking on the thinnest of ice.

also, why does her lying about her age not matter? and what do you mean by "though it would help in a few."

This means that, for some crimes, ignorance of the victim's age is an affirmative defense to prosecution... but not all crimes share that defensive tactic.

do your recommend my friend consults an attorney?

Yes.

[ihaveonequestion]

What would a maximum sentence look like?
as well as reduced one.
Is there any way a deal could be struck?

i still dont understand what you mean by "This means that, for some crimes, ignorance of the victim's age is an affirmative defense to prosecution... but not all crimes share that defensive tactic."

and i questioned him thoughroughly, and he told me everything which is how i know about the content of the convos. im trying to figure out every angle of the situation so as to best help him

[cyjeff]

What would a maximum sentence look like?
as well as reduced one.

We cannot estimate that until we know if he is charge and with what.

Is there any way a deal could be struck?

Usually

i still dont understand what you mean by "This means that, for some crimes, ignorance of the victim's age is an affirmative defense to prosecution... but not all crimes share that defensive tactic."

It means that certain crimes have an age component and others do not.

and i questioned him thoughroughly, and he told me everything which is how i know about the content of the convos. im trying to figure out every angle of the situation so as to best help him

And you feel comfortable saying that your friend would have told you he had a bizarre sexual relationship with a child?

[ihaveonequestion]

well he was lied to. once he found out her real age he was disgusted with himself.