Legal Question in Criminal Law in Washington
22 year old sends 17.5 year old a cheap dildo as a joke and daddy finds it.
I'm 22 and a California resident. A female friend of mine is 17.5 and lives in WA. We were recently talking, joking around, having fun and because of this conversation I sent her a cheap, non-realistic dildo because of what was said. Well her dad got the package and he is less than happy with the contents. I explained the situation to her and she thought it was funny. I've never had any sexual relationship of any kind, haven't dated her at all, and rarely ever see her. Her dad is threatenting to have me brought up on charges and making other threats and I was wondering if there is any legal action that could be taken against me.
2 Answers from Attorneys
IN RE a minor
You must understand that the person you sent the materials to is legally a minor and under the custody and control of her perants. As legal guardians the parents, in this case, the father, has a legal right address the issue of the appropriateness of the materials you sent. He can file charges. You must remember he lives in another jurisdiction. Whether the District Attorney will follow through with a formal charge is a seperate issue. The District Attorney, not the father, is responsible for filing criminal charges. So even if the father complains, it is questionable whether the DA will go to the time and expense of filing a criminal complaint and/or prosecuting.
If the father wishes to file charges, that is his right. Since you have not explained the other threats, I will not comment, but malicious prosectution is a tort. In any event, do not contact the minor, have conversations with the father, or in any way comment about the alleged charges without speaking to an attorney.
Re: 22 year old sends 17.5 year old a cheap dildo as a joke and daddy finds it.
Lots of stuff could happen but probably will not happen.
So simply shut up about it, and don't talk to everyone that you know about it. And don't send any more pornography to minors through the mail.
If you're approached by the police don't talk to them, and seek legal counsel.
My opinion is that nothing will happen this time.
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