Legal Question in Criminal Law in Texas
Laws regarding so-called ''cyber sex''
I've a friend on the internet with whom I've gotten rather close, and we brought up the topic of possibly engaging in cyber sex... ie, descriptions of sex in a chat room. Both of us are beyond the age of consent in our respective states (I in Michigan where it is 16, she in texas where it is 17), but she is still a couple months from 18... The age where so many things seem to change. Whats puzzling me is the assorted ''child exploitation'' laws that are floating around... such as ''18 USCS 2252 (1991) Sexual Exploitation of Children''... And I know these things sometimes have strange loopholes... Could cybersex, where the act is entierly text-based, be bunched into any of these laws?
1 Answer from Attorneys
Re: Laws regarding so-called ''cyber sex''
From your email it's obvious that while, she is under 18, you haven't seen that birthday for a long time. [She may also be under 13 or (s)he may be a law enforcement officer - how do you know?]
Here's an excerpt from Michigan law regarding sexually explicit material, i.e. porn:
(4) A person knows the status of a minor if the person either is aware that the person who is permitted to examine the matter is under 18 years of age or recklessly disregards a substantial risk that the person who is permitted to examine the matter is under 18 years of age.
(5) Displaying sexually explicit matter to a minor is a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $5,000.00, or both.
(6) This section does not apply if a person displays sexually explicit matter to a minor by means of the internet or a computer network unless 1 or both of the following apply:
(a) The matter is obscene as that term is defined in section 2 of 1984 PA 343, MCL 752.362.
(b) The prosecuting attorney proves that the person displayed the matter to 1 or more specific minors and knew his or her status as a minor.
The next step up is if she sends you sexually explicit material of herself and she really is under 18. If you get caught with it, it's a 4 year felony.
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