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If a person over the age of 18 were to 'sext' with someone under the age of 18, would that be considered illegal and warrant am arrest? No illicit photos were shared, simply sexual words with an individual claiming to be underage. Also if said person wasn't actually underage and was only claiming to be, would that nullify the charges or be considered in trapment?
Hello, In Washington, depending upon how explicit the communication, this would arguably make out Communicating with a minor for immoral purposes, which is a gross misdemeanor, unless it's your second sex offense, whereupon it would be a Class C felony. A gross misdemeanor has a possible penalty of a year in jail. If the "minor" was an undercover officer, such stings have been held not to constitute entrapment per se by our Suprme Court. While entrapment may have been a separate issue within the context of a lawful sting, that would be dependant on the facts and circumstances of a particular case. It would not, in any case nullify the charges. The entrapment issue would get litigated at trial if you wanted to fight the case.
And if the individual wasn't a police officer, and used the information for blackmail?
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