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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 29567
Experience:  Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
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Prosecute adult for having phone sex with a minor 5+ years a

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Just wondering if I can bring charges (take to court) some one for having phone sex with a minor that happened over 5 year ago.
Hi,

My name is XXXXX XXXXX I'd be happy to answer your questions today.

What state are you?
Customer: replied 3 years ago.

Boston . New york


and wondering on federal law

Thank you.

If they were using video chat, that's child pornography, which is different. But, assuming phone sex without video, the statute of limitations for federal crimes that are not punishable by death is five years. So, it may be too late to bring any sort of federal charges, even after you find a federal statute that fits. In New York, the statute of limitations for most felonies is five years. In Massachusetts, the statute of limitations is six years for most crimes (and longer for the others). The statue of limitations does not run during any time that the person is not a resident of Massachusetts.

If it's been five years, it is likely too late to bring any charges under federal law or New York, but it may not be too late in Massachusetts.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
Customer: replied 3 years ago.

Hi Lucy


Thanks for your answer. If I understood correctly if five years or more past (six in Mass.) Then it is not possible to charge them.


 


What if he/she is not a US citizen? Does that change the answer? can they be charge if they re enter the US after five year or six?


 


Thanks again for answering my question really appreciate it.

The statute of limitations wouldn't run during any time that a person was residing in another country. So, yes, a person who was living elsewhere and returned to the United States could be charged. Otherwise, a person cannot be charged once the statute of limitations expires.
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Customer: replied 3 years ago.

One more question does statute of limitations expires ever for a foreigner who studied in the usa and then left? I am writing a report about this subject.

If the foreigner is forever gone from the United States, no, it wouldn't. Of course, as time passes, it is more difficult to compile evidence to prove that a crime occurred.

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