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  1. #1
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    Nov 2017
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    Default Exchanging Pornographic Selfies With a Minor

    My question involves criminal law for the state of: Illinois and South Carolina

    I have a friend (who's going to be 19) who did a stupid thing and is wondering about if its possible for him to be charged. Earlier, he met this girl, who was going to be 17, on craigslist who was planning to move to the same city in Illinois from South Carolina. They started talking and from there things kinda went and the conversation shifted:

    Girl:"I just got out of the shower, wyd" (what you doing)
    Friend: "Just finished the same thing, about to fire up the computer and play some games"
    Girl: *sends nude picture with face and everything* "I'm about to lay down and watch some TV"
    Friend:" Damn....looking good" *sends shirtless picture with pants on*
    Girl:"You Looking good" *sends another nude photo showing face and breasts*
    Girl: "Can I see that dick? You got me horny"
    Friend: *Sends picture of Penis* "Its not that big, but enjoy"
    Girl: *sends picture of vaginal area* "its big enough for me, can you cum for me baby"
    Friend: *sends picture with sperm in picture* "If you have kik, I can send you a video"
    Girl: "No i don't but how about I make you a video and show you how i can play in this pussy"

    That was the end of the conversation. I found out later that the girl, was caught by her mother creating this video and consequently, the girl smashed the phone in effort to get rid of the evidence. But to the result, the phone was still functional, and my friend later got a call from the girl's father wanting to talk about the situation. Both the father and mother had read the messages on the phone and were debating seeking legal action. The father was trying to smooth any lines and avoid legal action, he understood that my friend made a mistake and was trying to persuade the mother from seeking legal action. For the time being, He was successful in persuading her to avoid destroying my friends life, but in return he would need to pay for a new phone. Unfortunately, He is still underemployed and has school to pay for. At the same time, He is working towards a nursing degree, which if he is charged he will never be able to fulfill.

    So my question is, how do y'all think this will play out considering that the Girl sent the first indecent image and essentially led him on and leading him to sending indecent images back? Would he be placed under a sex offender registry? Since, this took place in both Illinois and South Carolina, which jurisdiction would this be under?

    Thank you

  2. #2
    Join Date
    Oct 2014
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    8,238

    Default Re: Is It Possible for Him to Be Charged if He Recieved a Indecent Picture to a Minor

    Your friend has a problem. This could potentially be a scam, but the fact that photos of the girl, including her face, were sent makes me think that’s not the case; scammers are usually a little smarter than that. Scam or not, if the photos are of a minor he could potentially be charged with a violation of the federal law against receiving child pornography and also charged in Illinois for any violation of that state’s law, too. If convicted of a sex offense for child porn under either federal or state law he’ll end up having to register as a sex offender for a very long time and be subject to a number of restrictions on sex offenders. These kinds of crimes carry very serious consequences. He might also be prosecuted for distributing ordinary pornography for sending her the photos of his penis.

    The sender (and if this is not a scam, that would be the girl he was talking to) would also be guilty of distributing child pornography and she could be prosecuted for that. Thus the father does have reason to be concerned that this whole thing could boomerang on his daughter if he makes a criminal complaint about it. She might end up facing the same or more serious charges than he does (distribution generally is considered more serious than simply receiving or distributing child porn).

    There is nothing more he can do here but wait and see what develops other than consulting a criminal attorney for advice about handling the father’s request for payment for the phone. In most cases, I’m inclined to think his best course of action is to block her so she cannot send anything more to him and not have any contact with her or her parents. There probably isn’t any benefit here in paying her or her parents their demand for the cost of the phone.

    In the future he should remember this rule: do not send or receive nude or sexually explicit photos or videos from anyone he’s just met. Even if she had claimed she was 18 that would not necessarily get him out of trouble if she was really under age 18. So he cannot trust what someone he does not know well tells him. The consequences are just too severe to risk just for the short thrill of seeing a nude or sexy picture or video of someone. Why teens and twenty somethings in particular seem so keen to exchange these kinds of photos strikes me as odd. It is certainly naive of them; they simply don’t think out the consequences like they should.

  3. #3
    Join Date
    Nov 2013
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    7,056

    Default Re: Is It Possible for Him to Be Charged if He Recieved a Indecent Picture to a Minor

    It's a scam. Your friend should ignore the mother and father and have no further contact with them. Paying for the smashed phone is a new twist though.

  4. #4
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    Oct 2014
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    Default Re: Is It Possible for Him to Be Charged if He Recieved a Indecent Picture to a Minor

    Quote Quoting budwad
    View Post
    It's a scam. Your friend should ignore the mother and father and have no further contact with them. Paying for the smashed phone is a new twist though.
    It could be a scam. But it may not be. We don’t have sufficient information to make a conclusion with certainty. Either way, though, I agree that in most instances cutting off all communication with these people is a good step to take.

  5. #5
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    Nov 2013
    Posts
    7,056

    Default Re: Is It Possible for Him to Be Charged if He Recieved a Indecent Picture to a Minor

    The only information necessary to know it's a scam is the demand for money. Otherwise, the police would be the ones contacting the perp.

    But, you are correct. It could be a scam.

  6. #6
    Join Date
    Jun 2014
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    3,212

    Default Re: Is It Possible for Him to Be Charged if He Recieved a Indecent Picture to a Minor

    How much do they want to replace the phone ? I'm just curious. It's not your friends fault she broke her phone. Or rather they say she broke her phone.

    Your friend needs to grow up. Especially if he wants to work in the nursing field. When you work in the nursing field and certain other fields, what you do in your private life and off hours can affect your ability to get and keep a job.

  7. #7
    Join Date
    Mar 2016
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    2,289

    Default Re: Exchanging Pornographic Selfies With a Minor

    Quote Quoting rexlex24
    View Post
    My question involves criminal law for the state of: Illinois and South Carolina

    I have a friend (who's going to be 19) who did a stupid thing and is wondering about if its possible for him to be charged. Earlier, he met this girl, who was going to be 17, on craigslist who was planning to move to the same city in Illinois from South Carolina. They started talking and from there things kinda went and the conversation shifted:

    Girl:"I just got out of the shower, wyd" (what you doing)
    Friend: "Just finished the same thing, about to fire up the computer and play some games"
    Girl: *sends nude picture with face and everything* "I'm about to lay down and watch some TV"
    Friend:" Damn....looking good" *sends shirtless picture with pants on*
    Girl:"You Looking good" *sends another nude photo showing face and breasts*
    Girl: "Can I see that dick? You got me horny"
    Friend: *Sends picture of Penis* "Its not that big, but enjoy"
    Girl: *sends picture of vaginal area* "its big enough for me, can you cum for me baby"
    Friend: *sends picture with sperm in picture* "If you have kik, I can send you a video"
    Girl: "No i don't but how about I make you a video and show you how i can play in this pussy"

    That was the end of the conversation. I found out later that the girl, was caught by her mother creating this video and consequently, the girl smashed the phone in effort to get rid of the evidence. But to the result, the phone was still functional, and my friend later got a call from the girl's father wanting to talk about the situation. Both the father and mother had read the messages on the phone and were debating seeking legal action. The father was trying to smooth any lines and avoid legal action, he understood that my friend made a mistake and was trying to persuade the mother from seeking legal action. For the time being, He was successful in persuading her to avoid destroying my friends life, but in return he would need to pay for a new phone. Unfortunately, He is still underemployed and has school to pay for. At the same time, He is working towards a nursing degree, which if he is charged he will never be able to fulfill.

    So my question is, how do y'all think this will play out considering that the Girl sent the first indecent image and essentially led him on and leading him to sending indecent images back? Would he be placed under a sex offender registry? Since, this took place in both Illinois and South Carolina, which jurisdiction would this be under?

    Thank you
    She was going to be 17 - what changed? So she's 16?

    Maybe he should have been concerned about his nursing career before he accepted nude pics from a minor. It doesn't matter if she sent him the photo first or not - he sent her photos back. He accepted the photo. He could be charged for having child pornography.

    I don't know any sane parent who would make a deal with an adult who sent their minor daughter nude photos or accepted her nude photos. Your friend needs to block her and them on everything and stop sending nude photos to underage girls. Unless he truly doesn't care about his future or nursing career...

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