Legal Question in Criminal Law in New York

Hi, I found out that my 21 year old son has been talking to a 15 year old girl online. Ive also found out they have exchanged erotic pictures to each other but never slept together as far as I can tell. She lives in a different country. I'm concerned what could happen to my son at this point. Can he be charged with anything?


Asked on 11/22/11, 3:25 pm

1 Answer from Attorneys

Jason Stern Law Offices of Jason Stern

You should be very concerned. Federal Child Pornography laws as written may be applicable against your son.

27 Section 2252A under title 18 of the United States Code, entitled Certain Activities Relating to Material Constituting or Containing Child Pornography, deems as a felon:

(a) Any person who �

(b) knowingly possesses, or knowingly accesses with intent to view, any book, magazine, periodical, film, videotape, computer disk, or any other material that contains an image of child pornography that has been mailed, or shipped or transported using any means of facility of interstate or foreign commerce or in interstate or foreign commerce by any means, including by computer, or that was produced using materials that have been mailed, or shipped or transported in interstate or foreign commerce by any means, including by computer;

Punishment for violation of the federal statutes includes a mandatory prison sentence of no less than five years and no more than twenty years. In addition to a prison sentence, a convicted defendant is also required to register as a sex offender for a minimum duration of fifteen years.

Furthermore, each state has child pornography laws also prohibiting this type of activity -- which happens to be a felony in every state, and can subject the offender to life imprisonment. Even a first offense can justify a sentence of up to seven years and require registration as a sex offender for up to 25 years.

Your son may also be subject to blackmail and/or extortion from this person, who can threaten to turn the photos over to law enforcement if financial demands are not met.

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Answered on 11/22/11, 9:58 pm


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