Legal Question in Criminal Law in Kentucky

A friends daughter age 16 was really factuated with this guy age 19. They both was told to stop talking to one another. Then the guy buys her a prepaid phone and gives it to her to talk to him on. On the phone he texted her some pictures of his self naked. Is there any legal action my friend can take against this guy for the pictures?


Asked on 5/23/11, 9:06 am

1 Answer from Attorneys

Andrea Welker Welker Law Office

The parents would need to contact the county attorney's office if they want to press criminal charges. Although 16 is technically the age of consent for sexual acts, it doesn't put the adult in the clear for all interactions with a minor. You can still pursue misdemeanor criminal charges when the older individual is encouraging bad behavior, such as drinking, drugs, truancy, etc. There may be a specific charge for providing pornographic material to a minor, but I'm not aware of one. The county attorney would be able to shed more light on what, if any, criminal charges they would pursue. Other than that, the parents could seek a civil restraining order against him. They told him not to contact their daughter, and he continues to do so. They would need to hire a private attorney for that one.

Overall, though, if the girl is intent upon contact with this guy or any other guy, the parents are going to have a very difficult time separating them. The reality is if they push too hard, such as by trying to have the guy prosecuted, it will probably make their daughter's defiance worse, not better, which is really the goal here. Forbidding contact just makes this loser even more attractive to their daughter. I think as a parent, I would concentrate my efforts more on open communication with my daughter, particularly concerning the consequences of engaging in sexual relations with this young man (since that seems to be the goal of these two), and help guide her in making good choices, rather than bad ones. Lest this guy impregnate their daughter (or worse, infect her with an STD).

And such is the practice of law: just because there may be a legal remedy, does not mean seeking the legal remedy is the best course of action to attain one's goals. They might try family counseling/individual counseling for the daughter, first.

Read more
Answered on 5/23/11, 1:45 pm


Related Questions & Answers

More Criminal Law questions and answers in Kentucky