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  1. #1
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    May 2011
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    Default Threats by Underage Ex-Partner to File Child Pornography Charges

    My question involves criminal law for the state of: North Carolina

    Ages:
    Person X: 18-20
    Person Y: 16-18

    Person Y and person X are involved in a romantic relationship for 2.5 years. The relationship is consensual, and publicly so. Both sets of parents are aware, and approving of the relationship. The relationship becomes emotionally abusive, person Y begins to display controlling behavoirs while also committing acts of infidelity. Person Y one day takes explicit pictures of themselves, while at the age of 16. Person Y tells Person X that they want to send them, but person X fears the legal ramifications, and declines. Person Y then threatens to end the relationship. Person X eventually acquiesces and recieves the pictures. Immediately, person X deletes the pictures, and tells person Y to never put them in that situation again, and to never take any pictures. Person Y continues to WANT to take pictures, not only of herself, but this time of them during intercourse (which aside from photographing it, is legal, as they are both of age and consenting). Person X draws the line, and DOES NOT allow it to happen, despite constant, relentless pressure from Person Y (threats of breaking up, etc).

    Eventually, person Y breaks up with person X, and leaves them for someone else. Person X cuts contact and tries to move on. Months later, when person X has moved on to a new relationship, Person Y begins to threaten to notify police about the exchange of the picture, unless person Y breaks up with their new partner. Person Y, in fear of their life being ruined by such a charge, breaks up with their new partner. Person Y has their demand satisfied, and then continues to date other people. Each time person X begins a new relationship, it comes to an abrupt halt as soon as person Y finds out about it, and threatens to "ruin their life", forcing person X to break it off.

    Person Y wants for person X to be alone, and is using the threat of notifying police as a means of controlling person X. Person X has a clean criminal record. Person X cannot escape the control of person Y.

  2. #2

    Default Re: Threats by Underage Ex-Partner to File Child Pornography Charges

    Person X needs to tell person Y to stick it. Either Y is going to go to authorities about it, or they're not. So long as you keep jumping when they say to jump, the situation will never change and you're only ENCOURAGING the cycle to continue. Exactly what are you afraid of even if Y shows the pics to police? Both parties were of the age of consent and it's legal, even if weird, to take pics of yourself and your partner having sex.

  3. #3
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    Default Re: Threats by Underage Ex-Partner to File Child Pornography Charges

    Quote Quoting aardvarc
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    Person X needs to tell person Y to stick it. Either Y is going to go to authorities about it, or they're not. So long as you keep jumping when they say to jump, the situation will never change and you're only ENCOURAGING the cycle to continue. Exactly what are you afraid of even if Y shows the pics to police? Both parties were of the age of consent and it's legal, even if weird, to take pics of yourself and your partner having sex.
    Pictures were never taken of them having sex, only a picture of person Y that they took of themselves, while they were 16. So although they were old enough to consent to sex, person Y was not old enough to be taking pictures of themselves, and Person X could be brought up on CP charges.

  4. #4
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    Default Re: Threats by Underage Ex-Partner to File Child Pornography Charges

    Y needs to be very careful of their actions. Person Y can also be brought up on charges of distributing child pornography for sending the pictures to anybody.

    What X needs to do is report that Y has sent him child porn. If he is caught with it without reporting it, he is guilty of possessing child porn.

  5. #5
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    Default Re: Threats by Underage Ex-Partner to File Child Pornography Charges

    Quote Quoting jk
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    Y needs to be very careful of their actions. Person Y can also be brought up on charges of distributing child pornography for sending the pictures to anybody.

    What X needs to do is report that Y has sent him child porn. If he is caught with it without reporting it, he is guilty of possessing child porn.
    Would that not essentially equate to an admission of guilt to a charge that has not even been brought about yet?

  6. #6
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    Default Re: Threats by Underage Ex-Partner to File Child Pornography Charges

    Quote Quoting Naismith21
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    Would that not essentially equate to an admission of guilt to a charge that has not even been brought about yet?
    If I had your cellphone number (and presuming you could receive pictures) I could send pictures to your phone without your permission. It's what you do about it that will cause the authorities to determine whether you committed a crime or there was no intent to possess child porn. Pictures that are erased from your phone are not necessarily erased from the phone providers servers. With a subpoena in hand, the police can get copies of pictures and texts sent to and from a phone so it's not like you can claim you never got the pictures. There will be records available to show what pictures he received.

    Since she is threatening to expose the guy for having child porn, I would tend to be a bit proactive. I hate to suggest getting the girl in trouble but she is the one causing all the trouble to begin with and threatening him.

    To me, this is a matter of protecting one's self.

  7. #7
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    Default Re: Threats by Underage Ex-Partner to File Child Pornography Charges

    Quote Quoting jk
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    If I had your cellphone number (and presuming you could receive pictures) I could send pictures to your phone without your permission. It's what you do about it that will cause the authorities to determine whether you committed a crime or there was no intent to possess child porn. Pictures that are erased from your phone are not necessarily erased from the phone providers servers. With a subpoena in hand, the police can get copies of pictures and texts sent to and from a phone so it's not like you can claim you never got the pictures. There will be records available to show what pictures he received.

    Since she is threatening to expose the guy for having child porn, I would tend to be a bit proactive. I hate to suggest getting the girl in trouble but she is the one causing all the trouble to begin with and threatening him.

    To me, this is a matter of protecting one's self.
    Thank you for the clarification, I understand your logic now.

    After speaking with a couple of lawyers, there seemed to be a consensus that the various mitigating circumstances, most D.A's wouldn't bother to pursue the case, especially because of the time that has elapsed (almost 2 years, even though there is no SOL on felonies in NC), and that even if charges were brought about, there is a strong likelihood they could get them dismissed or greatly reduced.

    Thanks for the replies.

  8. #8
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    May 2011
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    Default Re: Threats by Underage Ex-Partner to File Child Pornography Charges

    Hopefully you'll see this. NEVER do something like this again! If you were against the idea of accepting pictures from this girl and the relationship was no longer desireable, do give in and do something that is against your gut. Gotta learn to see the signs of a toxic relationship. They were all over the place.

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