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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Criminal Law
Satisfied Customers: 16188
Experience:  Licensed Texas General Practice Attorney
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I am over 18 and live in Maryland and the age of consent is

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I am over 18 and live in Maryland and the age of consent is 16 years old. If I can have sex with a 16 year old, does this mean I can sext and trade nude photos as well?

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

Thank you for your patience. While in Maryland, it would not necessarily be illegal under state law, Federal law would also apply since you would be transmitting on a cellular device. 18 U.S.C. § 2251 makes transmission of sexually explicit images of minors illegal. Additionally, the age of consent for sexual activity in a given state is irrelevant; any depiction of a minor under 18 years of age engaging in sexually explicit conduct is illegal.

ScottyMacEsq :

In short, you could be prosecuted for possessing or causing to be made sexually explicit images of someone under the age of 18 under Federal law. Federal law has nothing to say about sexual activity, but rather depictions (images, movies, etc...) and transmissions of them.

ScottyMacEsq :

Best bet is to wait until you're BOTH 18.

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

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