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Ask TexCrimLawyer, J.D. Your Own Question

TexCrimLawyer, J.D.
TexCrimLawyer, J.D., Lawyer
Category: Criminal Law
Satisfied Customers: 3683
Experience:  Experienced in state and federal criminal litigation.
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Is cyber/phone sex legal or illegal if both people in each

Resolved Question:

Is cyber/phone sex legal or illegal if both people in each state are of the age of legal consent for real life sex?

Or does the age of consent govern all forms of sex (cyber/phone and real) ?

Also, say for example a female who is aged 16 in mississippi wants to hook up with a man who is 60. Assuming she consents, can they legally have sexual intercourse?
Submitted: 2 years ago.
Category: Criminal Law
Expert:  TexCrimLawyer, J.D. replied 2 years ago.

TexCrimLawyer, J.D. :

Technically, it is not illegal for an adult and minor to discuss sexual activity.

Customer:

oh, this is a chat session?

TexCrimLawyer, J.D. :

However, it would be illegal for those to people to engage in sexual activity or intend to do so.

TexCrimLawyer, J.D. :

Yes, this is a chat.

Customer:

so the age of consent only applies when its between two minors?

TexCrimLawyer, J.D. :

No, the age of consent applies when it is between a minor and an adult.

Customer:

I'm confused then.

Customer:

you said it would be illegal for those people to engage in sexual activity, even if both people were of the age of consent

TexCrimLawyer, J.D. :

While it is not illegal to discuss sexual activity, it is a VERY bad idea to do so. If the police became aware, they could easily think they intended to engage in sex.

TexCrimLawyer, J.D. :

No, if one person is 16 and the other is an adult.

TexCrimLawyer, J.D. :

If they are both adults, they can do whatever they want, assuming they are both consenting.

Customer:

why is it illegal for the 16 year old who is of the age of consent and the 60 year old to do that

Customer:

if i understand correctly, it sounds as if you're saying that technically speaking, cyber and phone sex are okay?

Customer:

legally speaking

TexCrimLawyer, J.D. :

I'm sorry, you are correct, the age of consent in Mississippi is 16.

Customer:

so then so long as the age of consent is met in each state, anything goes? so long as both parties consent?

TexCrimLawyer, J.D. :

Are both people in Mississippi?

Customer:

I'm speaking in reference to any state. So long as the age of consent is met by both people in their separate states, they may do whatever sexual acts they want so long as both consent, correct?

TexCrimLawyer, J.D. :

Yes, as long as it is met in BOTH states.

Customer:

Are you certain?

TexCrimLawyer, J.D. :

Yes. If both are of legal age to consent, they can engage in phone/cyber sex.

Customer:

Does it matter if there is a massive age gap between the two? like say for example one is age 16 in mississippi, and another is age 70 in a different state

TexCrimLawyer, J.D. :

As long as 16 is the age of consent in both states, the age gap does not matter. Once a person is legal, they are fully legal. It doesn't matter if one is one day over the statutory age limit and the other is 100.

Customer:

Lol thank you. Do you know of any place where I can look at the actual laws governing this subject?

Customer:

Cyber/phone sex

Customer:

age of consent

Customer:

etc

Customer:

thank you

Customer:

and age of consent DOES include cyber/phone sex?

TexCrimLawyer, J.D. :

There is no distinction between actual sex and phone/cyber sex.

Customer:

So they're both the same?

TexCrimLawyer, J.D. :

Yes. If a person can engage in actual sex, they can engage in cyber/phone sex.

Customer:

What if someone who is aged 13 lies about their age and tells another person that they're like 20, and the other person happens to be 20 and they engage in cyber sex. Can the 20 year old be criminally charged simply because he had cybersex in a chat room?

Customer:

if he had no way to verify the person's age and location

TexCrimLawyer, J.D. :

Unless they had knowledge of their age, no.

Customer:

So if the person below the age of consent lies, and not once implies or alludes to the fact that they're underage, you're most likely in the clear since you have no way to verify?

TexCrimLawyer, J.D. :

Correct. That is different if they have actual sex, but that is not what you are describing here.

Customer:

Okay. So in this case it would be okay to believe the other persons age, since you cannot see or hear them and it's just words on a screen? I had a feeling a prosecution would say that ignorance is no excuse for breaking the law...

TexCrimLawyer, J.D. :

No. If that happened, the adult has not committed a crime.

Customer:

okay. thank you. i just had like two questions not about criminal law

Customer:

are people ever mean and give you bad ratings when you work hard on their questions

TexCrimLawyer, J.D. :

Sometimes, yes.

Customer:

if i paid 69 dollars for the unlimited question plan, it's just a one time fee, correct? it says this question is worth 25 dollars. will i be charged an additional 25?

TexCrimLawyer, J.D. :

If you signed up for a subscription plan, you pay a monthly fee, not question by question.

Customer:

so i could ask 1500 questions, and i wouldn't be charged a penny over my initial 69 dollars?

Customer:

that was 3. sorry.

TexCrimLawyer, J.D. :

You must have signed up for a package plan.

TexCrimLawyer, J.D. :

You still have to rate my answer for me to get credit.

Customer:

ou are currently on the
Unlimited Subscription Plan
for the remainder of your last billing period

Customer:

i am. what is a package plan

TexCrimLawyer, J.D. :

I'm sorry, subscription.

Customer:

i just wanted to be certain im in the clear. thank you. you were informative.

TexCrimLawyer, J.D., Lawyer
Category: Criminal Law
Satisfied Customers: 3683
Experience: Experienced in state and federal criminal litigation.
TexCrimLawyer, J.D. and 11 other Criminal Law Specialists are ready to help you

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