Legal Question in Criminal Law in Georgia

photos taken while under 18

When I was 17 I let my boyfriend who was 19 at the time take about a dozen naked pictures of me. When I broke up with him a few months later he was in college in Georgia and I forgot to instruct him to destroy the pictures and have no clue what has become of them. Letting him take those pictures was a huge mistake on my part and I regret it very much. It has been two years but I still wonder about it. The fact still remains that these are child pornography and if these pictures ever resurface, would I be able to charge him with posession of child pornography?


Asked on 10/05/04, 9:50 pm

2 Answers from Attorneys
Shane Jimison Jimison/Homiller, PLC

Re: photos taken while under 18

Amazingly interesting question. You have a few options if they ever surface, but why wait? Why don't you write him (or get someone to write on your behalf) and ask for them back so that you can destroy them. Let me know if I can help.

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Answered on 10/06/04, 7:26 pm
Michael Hendrickson Law Office Michael E. Hendrickson

Re: photos taken while under 18

Although federal statutes against child pornography are very strictly construed, I'm not

entirely convinced that these photos which you'ved described would necessarily meet the legal definition of child pornography under the applicable federal laws (although they very well may).

However, your first step as attorney Jimson has already advised is to make written request for the return of the photos with their respective negatives, if there be any. Then, if former boyfriend declines to return them, contending, perhaps, that these photos are in fact works of art which he does not wish to part with, then you may wish to consult with counsel sufficently competent and knowledgeable in these matters as to be able to advise you as to what your next step might reasonably be.

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Answered on 10/15/04, 3:29 pm


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