Legal Question in Criminal Law in Maryland

several years ago my daughter, then 15, was dating an 18 year boy. After he obtained nude photographs of her he used myspace to send them to several school mates. They were taken down soon after. Though these pictures are likely long gone, after just finding this out I was wondering if there was any way to prosecute in this situation and what evidence would need to be presented.


Asked on 8/17/10, 1:48 pm

2 Answers from Attorneys

Phillip M. Cook Cook Legal Services, LLC

It depends how long ago and what the laws were at the time.

There are several potential crimes (depending on the facts) that come to mind:

STATUTORY RAPE/SEXUAL OFFENSE

In Maryland, an individual is deemed incapable of consent is he or she is less than 16 years of age. However, engaging in voluntary sexual intercourse or sexual acts with a victim who is less than 16 years of age is legal as long as the defendant is less than 4 years older than the victim.

Sexual offense in the 4th degree --- Engaging in vaginal intercourse or a sexual act with someone at least 14 years of age and less than 16 years of age where the defendant is at least 4 years older than the victim.

Sexual offense in the 3rd degree --- Engaging in sexual contact with someone less than 14 years of age where the defendant is at least 4 years older than the victim.Engaging in vaginal intercourse or a sexual act with someone at least 14 years of age and less than 16 years of age where the defendant is at least 21 years of age.

Sexual offense in the 2nd degree --- Engaging in a sexual act with someone less than 14 years of age where the defendant is at least 4 years older than the victim.

2nd degree rape --- Engaging in a vaginal intercourse with someone less than 14 years of age where the defendant is at least 4 years older than the victim.

CHILD PORNOGRAPHY

Because your daughter was under the age of 15 and the 18 year old posted those pics to myspace (which crosses State lines), the 18 year old likely violated State and Federal child pornography laws.

OPTIONS

You may consider speaking with your local criminal prosecutor for additional guidance. You can simply call the prosecutor's office and schedule an appointment. Bring any images of your daughter that were posted on myspace and any other documentation or pictures you can point to. The prosecutor will open a file and decide if there's enough evidence to move forward with charges against the 18 year old.

Best of luck. ******* The above does not create an attorney-client relationship and is instead intended solely for informational purposes.*******

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Answered on 8/22/10, 5:33 pm
William Welch William L. Welch, III Attorney

Contact the local State's Attorney's Office.

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Answered on 8/22/10, 7:34 pm


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