Legal Question in Criminal Law in New York
My husband has a sex offender charge( he was in his early twenties had sex with a 15 year old, did not know her age but that does not matter) was charged with a misdemeaner and given six years probation and 10 days in jail. His probabtion was suppose to be up in June 2011.
His conditions of probabtion are not allowed around minors , can't leave suffolk county , no drinking and I think it was phrased no internet and no porn.
He is being violated for several reasons he was on the internet on his phone and they saw he typed in several porn site names on the google search bar,
On his phone there was two photos of me his wife (guess you can say very x rated photos). They are saying this is considered porn . Is this true even though we are married and I let him take the pictures? The probabtion officer I think is going to bring those photos to court is this allowed as evidence? We are married isn't this considered personal ? There also is a photo of my husband showing his privates which he had sent to me. To be honest we do text sexual content to each other and photos. Why would this be considered ilegal or against probabtion if we are married.
Guess my main question is are the photos of me allowed as evidence and is it considered porn?
1 Answer from Attorneys
While watching internet porn on sex offender probation, is what we lawyers call a "technical violation," it is hardly enough to alone cause (in most venues) a violation of probation decision, and much less to land him in lock-up, especially as his probationary term nears its end. (Although this is Suffolk County and you are probably dealing with Riverhead, Long Island). Any good lawyer worth his salt can recommend that your boyfriend take immediate specific, curative, proactive measures to make sure your boyfriend doesn�t get locked up when he goes before the judge. I have had much experience with this and if you call me at 917-224-5497, I would be happy to share my potential strategies on this issue. Best of luck!
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