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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 27621
Experience:  Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
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I am a 20 year old female, i was in a relationship with 16

Customer Question

i am a 20 year old female, i was in a relationship with 16 year old male that has ended. he had some of my belongings which i went to pick up and was verbally assaulted. 1-2 months ago i was sent a sexual image from him and i was told by him that he is going to the police for child pornography. I deleted the image immediately. does he have any grounds to get me into legal trouble.
Submitted: 10 months ago.
Category: Criminal Law
Customer: replied 10 months ago.
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Customer: replied 10 months ago.
i am a 20 year old female, i was in a relationship with 16 year old male that has ended. We had not slept together before he turned 16 and his parents were aware of the relationship and approved of it. When I left the relationshiphe had some of my belongings which i went to pick up and was verballyassaulted and he would not let me get into my vehicle. 1-2 months ago i was sent a sexual image from him and i was told by him that he is going to the police for child pornography. When I received the image was deleted immediately. I have also sent sexually explicit photos to him after he was 16, can he take legal action against me and if he can what would be the charges. (I resent this question but put more detail this is the updated version)
Expert:  Lucy, Esq. replied 10 months ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

New York's child pornography laws make it illegal for a person to "knowingly" have child pornography in his or her control or "knowingly access with intent to view" pictures of a person under the age of 16. N.Y. Penal Laws, Section 263.16 and 263.11. You didn't commit a crime, anyway, because you didn't know he was sending you the picture or intend to view it, but even if you had, since he is 16 years old, the statute does not apply. What's interesting, though, is that it's a FELONY to CREATE pornography of someone under the age of 17. Which means that it would be a very, very, very bad idea for your ex-boyfriend to go to the police and tell them he sent you nude pictures of himself. Section 263.10. He could go to jail, but you won't.

It's not illegal for a 20-year-old and a 16-year-old to have sex in New York, so you did not break any laws. There's really no reason for you to worry, based on what you've said so far. And it would be perfectly legal for you to tell his parents what he did.

If your vehicle is still at his house, you can call the police and ask them to go with you to pick it up to avoid any issues, or you could send a tow truck out there to pick it up for you. He has no legal right to keep your car from you.

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