Legal Question in Criminal Law in New York

Internet Instant Messaging Boundaries

I think one of my friends is in trouble. He's a 23 year old male and was talking to a girl online whom is a 15 year old female. From what he's told me, at first he was just giving advice to this young girl regarding life and relationships, but then their friendship online became of a more serious matter. I guess they talked about some sexual innuendo and also talked about meeting sometime. But there was no location discussed where to meet nor did they meet at all at anytime. He was just playing along like it was just good fun. Apparently, the girls parents had installed Net Nanny on her computer to view her actions online and they came across these conversations. Yesterday, he was visited by some police officers to get his statement of which he voluntarily provided.

I've read about other internet cases regarding this but charges were only pressed if the person met the other person. They didn't do anything physically, nor have they met each other physically.

They did talk on the phone a few times but not about sex or anything, just general chit chat. What sort of charges can he be faced with?


Asked on 2/27/04, 2:36 am

3 Answers from Attorneys
Brenda Mattar Mattar & D'Agostino, LLP

Re: Internet Instant Messaging Boundaries

The good news is that your friend DID NOT meet personally with this girl, but the bad news is that he can still be in serious trouble. First, you might want to suggest that your friend NOT speak to any law enforcement officials WITH OUT an attorney present. Next, the police will probably ask to remove his computer from his house.

Your friend needs to retain a Criminal Defense attorney ASAP. This will require him to pay a retainer fee to the attorney that will easily be several 1000's of dollars.

For more information contact me @ (716) 856-4022. Thank you.

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Answered on 2/27/04, 1:03 pm
Robert Evans Robert S. Evans esq.

Re: Internet Instant Messaging Boundaries

Your friend is facing the possibility of a felony charge which carries serious jail time. I would advise that your friend retain a good ,experienced criminal defense attorney and that he not speak to law enforcement officials until an attorney is retained. He may contact me @718-834-0087 for more information and guidance.

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Answered on 2/29/04, 1:15 pm

Re: Internet Instant Messaging Boundaries

You are right. You friend could be in SERIOUS trouble, depending on exactly what happended. The potential charge is a Class E felony and prosecutors take it very seriously; it is the cause celeb for the Westchester County DA, she always seeks jail time (but does not always get it) -- I do not know where you live. I do criminal law and have handled this type of case before. The fact that they did not meet does not mean your friend can't be arrested. Your friend should speak to a criminal defense lawyer before as soon as possible.

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Answered on 2/27/04, 7:26 am


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