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Legal-Guru
Legal-Guru, Criminal Justice Lawyer
Category: Criminal Law
Satisfied Customers: 1270
Experience:  Experienced Criminal Trial Attorney since 1998.
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Im worried I may have gotten in trouble by sending a letter

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I'm worried I may have gotten in trouble by sending a letter to an inmate. I got a notice back from the prison and I'm not sure if I may now be in trouble. The letter I sent contained erotic stories and one of the stories involved a babysitter fantasy. I received a notice that my letter contained criminal activity, specifically underage sex. I'm worried now if I'm facing any charges or danger.
Submitted: 7 months ago.
Category: Criminal Law
Expert:  Legal-Guru replied 7 months ago.
Welcome back to JustAnswer.

You should not worry. Describing criminal activity such as you described would violate, for good reason, prison policies, but it is not a crime itself.

Child pornography is not protected by the First Amendment mostly because children are victimized and exploited in its production. Written fantasies do not carry the same concern. While I do not think it is a good idea, you don't have to worry about being charged with a crime.

Customer: replied 7 months ago.
http://s24.postimg.org/4z64d5n6t/image.jpg

That is the form I got back. Thanks so much for the advice. I also do not condone or engage in these activities, I just sent a story he requested of me without looking at it closely, one among a handful, and didn't think about the title involving a babysitter as being " child porn" or potentially criminal. I regret sending it. Please give me your opinion after seeing the form.

Thanks
Expert:  Legal-Guru replied 7 months ago.
Thank you for linking to the form, however, it does not change my opinion. If you sent a fictional story that talked about a bank robbery, they would likely block that too and send you the same form. Books or stories about criminal activity are not illegal, in fact they are quite common, but for obvious reasons the prison is not going to allow them to be sent to inmates.
Customer: replied 7 months ago.
So is there any chance of me getting in trouble. Are you 100 percent confident they won't be pursuing it? would they have sent the form if they were pursuing it?
Expert:  Legal-Guru replied 7 months ago.
I am certain what you described is not a crime. The form explains why your letter to the inmate was rejected.
Customer: replied 7 months ago.
Last question, so if they did pursue prosecution how long after the incident would it take for me to find out?
Expert:  Legal-Guru replied 7 months ago.
There is no set time frame other than the statute of limitations which in Connecticut is five years for a felony and one year for a misdemeanor.
Customer: replied 7 months ago.
Would my crime be a felony?
Expert:  Legal-Guru replied 7 months ago.
What you described is not a crime so I cannot classify it as either a felony or misdemeanor.
Customer: replied 7 months ago.
Thanks for your patience. so lastly, can u describe how i might break a law through cooresponsdence with a prisoner, what laws am i in danger of breaking and how it might happen.
Expert:  Legal-Guru replied 7 months ago.
If you solicited criminal activity or conspired (agreed) to engage in criminal activity, then that would be a crime. If you sent pictures that could be considered obscene or items of contraband, that would also be a crime.
Customer: replied 7 months ago.
What would be an example of pictures that are obscene? child porn i take it. So is agreeing to do illegal activity enough to be a crime or would you have to actually engage in the action?
Expert:  Legal-Guru replied 7 months ago.
What would be an example of pictures that are obscene? Some sexually explicit photos could be obscene. There is no simple definition. It would ultimately be up to a judge or jury. Just don't send any sexually explicit photos and you won't have to worry about it. They will likely reject those too and send you the same form. Eventually, they may ban all mail from you.

So is agreeing to do illegal activity enough to be a crime or would you have to actually engage in the action?

Yes, it can. You do not have to actually commit the substantive crime to be guilty of conspiracy to commit a crime.
Legal-Guru, Criminal Justice Lawyer
Category: Criminal Law
Satisfied Customers: 1270
Experience: Experienced Criminal Trial Attorney since 1998.
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