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  1. #1
    Join Date
    Oct 2011
    Posts
    3

    Default Sending Sexual Text to a Minor, but Didn't Know She Were a Minor

    My question involves criminal law for the state of: Indiana

    (Sorry for the typo. I meant to say *Didn't know she WAS a minor.*)

    Hello.
    My husband left our kids and I. I found out that besides having a girlfriend, he recently answered a Craig's List personal ad of a girl stating that she was 18. On this night he was supposed to come see the kids, but he ditched seeing them to "hang out with a homeless guy" and then he was texting this girl. I sent her a text asking who's number this was? Long story short, she is a junior in high school, NOT 18. My soon to be ex-husband said that he didn't know that she was under age. She did tell him that she went to ________ high school, and in the emails between them (the girl sent them to me. There were not that many because they started texting rather than e-mailing.) he asked her if 27 was too old for her? I do not know what was said in the MANY text between them. My husband said that there were "sexually implied" (those are his words) texts. I just this morning sent a message to the girl asking to what extent were the "sexually implied" texts, and if there were pictures. (I feel very bad for this girl by the way. She made a stupid choice, and feels really bad about it now.) Also, on this night my husband ended up meeting this girl at a Wal-Mart for 15 to 20 minutes.

    My question is, can he get into trouble for this? Either way I feel bad for him, but he chose to do what he did. My lawyer is saying that he should have no visitation with our children until things get cleared up. We haven't had court yet (though it's coming up soon), but I'm just wondering what the court may do with this, and what kind of trouble he could be in?

    Thank You.

  2. #2
    Join Date
    Sep 2010
    Location
    Oklahoma
    Posts
    695

    Default Re: Sending Sexual Text to a Minor, but Didn't Know She Were a Minor

    Can he get in trouble legally? Yes. Will he? Who knows. If he can show that the girl represented herself as 18, then he has a reasonable defense. Many seniors in HS turn 18 while still in school so that doesn't automatically bar anything. It's not an absolute defense though, so he could still face problems.

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