Yes its true but he took screenshots of what she said just in case
When we said it wasn't a valid defense we didn't mean "if he can't prove she said it then it's not a valid defense" we meant "it may not be a valid defense even if he can prove she said it."
Well there has been no threats and everything has been deleted. No names, face pictures, emails, or anything like that were given. The only way I guess this could be a problem for my friend is if this person was a cop or minor and reported it to kik for further investigation. Kik pretty much only releases an IP address which is gone in about 30 days. We have read many articles where kik doesn't give out personal information about its users and nothing (including the IP addresses) can be verified. None of the pictures sent were GEOtagged either so they could not be traced to a location. I honestly think there isn't enough to really pursue such a case. They could maybe get a forensics team but I assume that would be a lot of money. Especially since KIK is in Canada and requires a bunch of stuff before they can release anything. Obviously the intention that my friend had was not to interact with a minor which my friend made very clear in the messages. What should he do now? He won't be posting nude pics or going on KIK ever again!
That's true when it comes to actually having sexual intercourse with a minor; in some states even if the minor lied about his/her age it would not be a defense to the crime of statutory rape (or whatever that state calls it).
But when it comes to the mere possession of child pornography, quite often what the defendant knows does indeed matter. It certainly does matter for federal law; the jury must be convinced the defendant knew the images were of a minor to be convicted. The same is true for Florida law; there is an express requirement that the defendant knew the image was of a minor. Florida statutes § 827.071(5)(a).
Thank you thats very good to know. For some reason when he first messaged her she claimed to not have a twitter. Even though there was a post that said she was looking to exchange nudes. We went back to try an find it but twitter is flooded with thousands of these kind of tweets a day so we were unsuccessful. The pursuit was very mutual though once they engaged in conversation. But the correct age she claimed of being 18 was not reviled until the next day. The first time she claimed to just be younger then 25 and never mentioned anything about being a minor so my friend didn't think much of it. My friend felt a little scared and did some research and found out that he could be potentially talking to a minor. So he made sure the next day to clarify that to the max. I think a jury would understand that if it came down to it.
Tell your "friend" to drop it and not worry about it until there is a reason to worry.
Your 'friend' (c'mon, who are you kidding?) should just stay off the internet in general. At the rate your 'friend' is going, his lack of common sense is going to leave him with a record.