Legal Question in Criminal Law in New York

My friend obtained nude images of some girls he flirted with who were under the age of 18. However, he was also under the age of 18. He was actually 16 and they were 14. So they are both minors. That was two years ago. Now he is legal at the age of 18, but those girls are still minors at 16. One may even be 15. Is it now illegal for him to own these images even though when he received them it was OK? Or was it never OK to begin with? I don't want him to get in trouble with the police. He isn't a pedophile but I think by law if he gets caught then he can be put in jail for it.


Asked on 12/19/10, 4:22 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

It was never OK for your friend to own these pictures. And it won't become OK when the girls turn 18, since the photos will still show them when they were under 18. (It will become OK for him to own *new* photos of them taken after they reached 18, as long as they consent.)

I don't know how likely it is that the police would make trouble for your friend if they find out about these photos. Some jurisdictions are very strict about these things, while others are more flexible in situations like your friend's. His best bet, though, is to destroy the photos before anyone else finds out about them. His next best option is to not let people know about them -- which may no longer be possible, since he has at least let you know about them.

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Answered on 12/24/10, 5:57 pm


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