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I was talking to a seventeen year old boy who has had a sexting

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I was talking to a seventeen year old boy who has had a sexting affair with my wife. I may have inadvertantly made terroristic threats and he has threatened a restraining order. What should I do? Have I broken the law?
I could tell you exactly what I did say. But I do not know if i should on the internet?



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Thank you for your question! I'm sorry to read about your situation.


So that you need not discuss in this forum the details of what you said or wrote, I'm going to provide statutes that are relevant to terroristic threats charges. You can then read those statutes for yourself and consider them for your purposes if you wish. In general, threatening another person typically is a crime.

Federal statutes can also regulate telephone communications between two states.

I've included links to these statutes below.

In reality, most people who make casual threats to others aren't prosecuted. It happens every day without further incident. However, threats can serve as a basis for criminal charges or restraining orders in many instances. That said, the fact that an individual pursues a restraining order doesn't necessarily mean that the other person will be prosecuted for a crime (though a restraining order can be quite a burden in and of itself).

If you are contacted by law enforcement or if you are served any paperwork regarding the restraining order, you should immediately take the matter to your personal attorney. You will want to have your attorney represent you in the matter and you will want him present for any communications with any other parties, as he can help you to avoid making unnecessarily damaging statements.

GA General Explanation of Disorderly Conduct and Terroristic Threats
http://www.mygeorgiadefenselawyer.com/georgia-criminal-offenses-penalties/disorderly-conduct/
GA Disorderly Conduct
http://law.onecle.com/georgia/16/16-11-39.html
GA Terroristic Threats
http://law.onecle.com/georgia/16/16-11-37.html
Federal Interstate Communications Statute
http://codes.lp.findlaw.com/uscode/18/I/41/875

Please do not shoot the messenger.
If you need clarification, please feel free to ask using the
Reply feature.


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Sincerely,

T-USA


_____________________________________

Disclaimer: By engaging in this correspondence, you agree to and understand the following:
No attorney-client relationship is formed through this correspondence. The following information is provided for educational purposes only and is not legal advice/legal services. Correspondence through JustAnswer is visible to the public and is not confidential. T-USA is not familiar with your situation and could not possibly provide legal advice/legal services through JustAnswer. T-USA does not claim to be licensed to practice law in your state. The information provided in this correspondence cannot and should not be relied on for legal purposes.
If you need legal advice/services you should visit a local attorney as soon as possible. You can find a local attorney using
Lawyers.com, Martindale, a Local Lawyer Referral Service, or a Local Legal Clinic (if you cannot afford an attorney).

Customer: replied 6 years ago.
Thank you for your quick response! My wife is the instigator of this relationship. This boy claims to be a victim. She is his school bus driver. I do not believe pictures were exchanged but she definately asked him for sex and spoke to him about performing oral sex. He turned 17 on 9-27-10. I am not sure if this started before or after that? What statutes may apply? Am I liable in any way if I do not inform law enforcement?



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Thank you for your follow-up question! I apologize for the delay. It took a few minutes to locate the resources included below.

The age of consent in Georgia is 16. See 16-6-3 below.
http://law.justia.com/georgia/codes/2006/16/16-6-3.html


Telecommunications conduct pertaining to minors can also invoke federal statutes (such as when child pornography is sent via a phone). I've included a couple of relevant statutes below. Likewise, Georgia has statutes that regulate that and Georgia's statutes pertaining to sexual exploitation of children govern children under 18 (this statute is included in the third link below along with mandatory reporting).
http://www.law.cornell.edu/uscode/uscode18/usc_sec_18_00002252----000-.html

http://www.law.cornell.edu/uscode/uscode18/usc_sec_18_00002252---A000-.html

Typically, third parties without a special relationship (like a teacher or a doctor) are not usually required to report unlawful conduct. The link below actually provides the GA Code outlining the circumstances under which reporting is mandatory.

Mandatory Reporting
http://www.ndaa.org/pdf/Mandatory%20Reporting%20of%20Child%20Abuse%20and%20Neglect_May%202010.pdf

Please do not shoot the messenger.
If you need clarification, please feel free to ask using the Reply feature.


I only get paid if you click Accept, even if you placed a deposit or have a subscription. Bonuses are greatly appreciated, though accepts and bonuses are entirely at your discretion.


Sincerely,

T-USA


_____________________________________

Disclaimer: By engaging in this correspondence, you agree to and understand the following:
No attorney-client relationship is formed through this correspondence. The following information is provided for educational purposes only and is not legal advice/legal services. Correspondence through JustAnswer is visible to the public and is not confidential. T-USA is not familiar with your situation and could not possibly provide legal advice/legal services through JustAnswer. T-USA does not claim to be licensed to practice law in your state. The information provided in this correspondence cannot and should not be relied on for legal purposes.
If you need legal advice/services you should visit a local attorney as soon as possible. You can find a local attorney using Lawyers.com, Martindale, a Local Lawyer Referral Service, or a Local Legal Clinic (if you cannot afford an attorney).



Edited by T-USA on 1/3/2011 at 10:09 AM EST
AttorneyTom and other Criminal Law Specialists are ready to help you
Customer: replied 6 years ago.
Ok it gets more sick a twisted. Sorry. This same 17 year old is dateing my 15 year old daughter. He has used his fingers and performed oral on her for sure im not sure what else? can I press charges on my own?



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Thank you for your question!


If a person under 18 does any immoral or indecent act to a child between ages 14 and 16, and if the parties are within 4 years of age, the individual has committed a crime. Such a crime may be reported to law enforcement and the state may pursue criminal charges. 16-6-4.
http://law.justia.com/georgia/codes/2006/16/16-6-4.html


Please do not shoot the messenger.
If you need clarification, please feel free to ask using the Reply feature.


I only get paid if you click Accept, even if you placed a deposit or have a subscription. Bonuses are greatly appreciated, though accepts and bonuses are entirely at your discretion.


Sincerely,

T-USA


_____________________________________

Disclaimer: By engaging in this correspondence, you agree to and understand the following:
No attorney-client relationship is formed through this correspondence. The following information is provided for educational purposes only and is not legal advice/legal services. Correspondence through JustAnswer is visible to the public and is not confidential. T-USA is not familiar with your situation and could not possibly provide legal advice/legal services through JustAnswer. T-USA does not claim to be licensed to practice law in your state. The information provided in this correspondence cannot and should not be relied on for legal purposes.
If you need legal advice/services you should visit a local attorney as soon as possible. You can find a local attorney using Lawyers.com, Martindale, a Local Lawyer Referral Service, or a Local Legal Clinic (if you cannot afford an attorney).