Legal Question in Criminal Law in California

That's a tough question because that could be extortion on behalf of the female and it's actually an illegal agreement. I would have to ask you many questions that I can't over the internet. Call my office so we can speak on the phone and we can go more indepth regarding your case..... David Wallin ----661-267-1313.

If you have her threat on text or voice mail, you can turn it over to police as 'extortion', risking your own involvement in 'porn' issues if you were the initiator of this sorry situation.

If there are charged filed against you, and you are contacted in any way by any law enforcement, you will be at risk of felony prosecution. If contacted, exercise the 5th Amendment right to SHUT UP and do NOT talk to police or ANYONE about the case except with and through an attorney.

No amount of free 'tips and hints' from here or elsewhere are going to effectively help in a legal defense. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will defend you, try to get a dismissal, charge reduction, diversion, programs, or other decent outcome through motions, plea bargain, or take it to trial if appropriate.

If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help fight and get the best outcome possible, using whatever defenses and sympathies there may be. I�ve been doing these cases for many years.

Based on these limited facts, it sounds like a scam. The girl might not really be underaged. She might not be a girl at all. The photo might be of somebody else � and if it is, it's probably of an adult. I don't have enough facts to give you concrete guidance, but this sounds like a classic shakedown.

Nobody can make you a criminal just by sending you photos you didn't ask for. Possessing nude photos of a minor is only a crime if you either obtain or keep them willfully, with actual knowledge that the person in the photo was a minor when the photo was taken.

Even then, some innocent nude photos of minors � ordinary baby pictures, for example � are perfectly legal. You haven't described the photos you received, but I presume they would be illegal if the subject was underaged.

Mr. Wallin and Mr. Nelson are both right that you're being extorted. That's true even if everything the girl has told you is true.

You should meet with a lawyer ASAP to discuss your rights and your options.

Good luck.