Under Investigation for Posting Child Pornography Online

My question involves criminal law for the state of: Pennsylvania

So a few days ago my younger brother got a call from a cop. The cop asked him if he was familiar with the “MeetMe” app. My brother replied yes but stated he hadn’t used it in a while. The cop then states he called because a profile with a picture of him was reported for being underage, also the name didn’t match my brothers name. He asked my brother if he did indeed make those accounts both my brother declined. The cop then sent him one of the pictures via text to confirm it was a pic of him and my brother said yes that’s a pic of me, the cop also had other pics but they were graphic so he didn’t send them. Then the cop asked him what he was doing on two separate dates, when those two separate accounts were made with his pics were reported. My brother said he didn’t know, the cop said it’s no big deal. The cop said at that point he’s absolved of anything and that he just had to look into it to make sure my brother was indeed an adult or the pics were of an adult. The cop said if someone else was using his pictures to make fake accounts that he should lock down all his social media. The thing is my brother lied he did create the accounts and posted nude photos of himself on his profile and even though he lied to the cop I’m certain the cop knew he was lying. The cop even said I don’t care what you do in your free time, your not in any trouble and if you do use the app again make sure you put the correct age in also the cop said he wouldn’t call again.

I apologize for this being so long, I described it as good as I can. My brother has been freaking out the past three days. I made him delete any form of social media. My question is, granted the cop said he’s absolved and not in any trouble, technically he did expose himself to minors potentially. Does the cop just not care or want to deal with it? I told him he could possibly be charged with a felony, but I figured if they were gonna charge him that he would have already been arrested.

Thanks for your time.

Given that your brother lied to the police, if they determine that he lied in the course of their continuing investigation it is reasonable to anticipate that they will give his actions another look.

As to why hie's worried if they're pictures of him, and he was over 18 at the time the pictures were taken, we would have no way of knowing. Why make problems for yourself by lying?

Was your brother in fact a minor at the time he posted the photos? If he is, then posting nude photos of himself on the internet is technically distribution of child pornography which is a very serious offense, a violation of both federal law and Pennsylvania state law, too. Even if he is not a minor, it could still be an offense of distributing obscene material under Pennsylvania law. While not as serious as child porn charges, it is still at least a misdemeanor offense, and if the material was viewable to persons under age 16 it is a felony crime. In short, posting nude photos or videos on the internet runs a risk of committing a crime. While run of the mill adult porn material is not typically illegal and not prosecuted, it is foolish to post sexual material without knowing exactly what the law is and where the lines are between what is legal and what might land a person in jail or prison. Whether your brother might face any charges out of this is impossible for me to say. I have not seen the photos (nor do I want to) nor do I have all the facts. But it is a possibility depending on the exact circumstances. The state can file charges against him any time within the statute of limitations, and it has at least a year to do that. The state won’t file until it has evidence that the prosecutor feels confident he or she can win a conviction. You and your brother should not assume that just because he was not promptly arrested after that call that he is in the clear.

It is, however, not the crime of indecent exposure. That is a crime done in person; nude photos of yourself don’t count.