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  1. #1
    Join Date
    Jul 2011
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    1

    Default Sexting Minors

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

    I recently read that NJ has passed a bill that says any teen caught sexting via text or email won't be charged with child pornography or have to register as a sex offender. Would that bill protect someone who sexted as a minor 2 years ago with other minors but has since turned 18 and stopped sexting all together?

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: Sexting Minors

    If it was legal at the time, it was legal at the time.

  3. #3
    Join Date
    Dec 2010
    Posts
    12

    Default Re: Sexting Minors

    Wasn't aware of the bill, and I don't live in New Jersey. However, you haven't given us enough information to determine under what statute you could be, or are likely to be charged.

    For example, if the pictures were only of yourself then the vast majority of district attorneys will not press charges because of the huge amount of negative press it results in, and the likelihood of alienating voters. Recent cases also seem to suggest that the chance of conviction in such a case is rather low: one federal judge said outright that "the person who is coerced is not the person to be punished", which given that cercion is assumed in child pornography cases, should serve as an adequate defense. Also, the Ohio Supreme Court recently ruled that a statutory rape statute was unconstitutionally vague in a situation where a person was simultaneously an offender and a victim, which is comparable to many sexting cases. Clearly none of this is binding precedent, but should serve as an indication of how courts are likely to interpret such a situation.

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