Criminal Law Questions? Ask a Criminal Lawyer.
I don't want to alarm you. I want to provide accurate information. But the allegations can lead to serious charges. The statutes I will discuss are what attorney's term your son's exposure, or what the possibilities are. It does not necessarily mean he will be charged or will likely be charged. There are many factors involved in the circumstances you describe that would best be addressed with the assistance of local counsel.As far as the phone, there is nothing that can be done at this particular point to get it back. It may be that it is an issue and may be subject to a motion to suppress if charges are brought because the consent was not voluntary and there was no warrant, but that would come later. As far as the ongoing investigation, you don't have a right to know what is going on which is why I suggested retaining counsel at this point. However, if you believe your son may be a victim or harmed, you could make your concerns known to police, but again I would suggest making such concerns known through an attorney. Again, please bear with me as I collect information with regard to potential charges. If you would rather come back in an hour or so, I can work on the answer and have it all for you then, rather than piecemeal. I just don't want you to think that I am ignoring you. Let me know. Also you will be able to ask as many follow-up questions as you need to until you are satisfied.
Thank you for your patience. I have reviewed the Alaska statutes that govern child pornography, electronic distribution of indecent materials, indecent photography, indecent exposure, unlawful exploitation of minors and the like and very few, if any, would seem to apply to the facts you describe.Most notably electronic distribution of indecent materials to minors requires the defendant to be 18 or older and the victim to be under 16 years of age. AS 11.61.128. Likewise, online enticement also requires the defendant to be 18 or over. AS 11.41.452
Indecent viewing or photography requires the photography to be of a “private exposure” which means that the person photographed did not intend the exposure to be photographed. This would cover photos in changing rooms, bathrooms and the like. AS 11.61.123The most troublesome area appears to be with the child pornography laws regarding photographs or videos of persons under the age of 18.These laws require that specific conduct be photographed. Here is a link to the required conduct so that you and your son can determine if any apply. http://codes.lp.findlaw.com/akstatutes/11/11.41./04./11.41.455. If any of the conduct in 1-7 applies, the laws that govern possession and distribution of child pornography may also apply. AS 11.61.127; 125.This may be what the police meant by further investigation – to determine if the photographs crossed the line. But from what you describe, they did not.I would still suggest that you may want to consult an attorney. The Alaska Bar Association has a lawyer referral service that can be accessed here. http://www.alaskabar.org/servlet/content/lawyer_referral_serv.html Lawyers who participate agree to offer a thirty minute consultation for $125.00.Please feel free to ask any follow-up questions
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