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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23531
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I'm 25 I live in nc, met a girl on a date website saying she

Customer Question

I'm 25 I live in nc, met a girl on a date website saying she was 19 we exchanged numbers found out she turned 17 I expressed if she wanted to send pics please don't send nude pics just pics of her face but she sent a nude pic any way what is her crime and my crime
JA: Thanks. Can you give me any more details about your issue?
Customer: My issue is I don't wanna go to jail for receiving a pic from a 17 year old I didn't want
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Submitted: 9 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 9 months ago.

Hello,

Are you saying that she sent a nude photo of herself after she told you she was only 17? Once you got the photo, did you continue to chat with her? Did you send her any photos of yourself?

Did you get contacted by anyone about this incident, such as someone who claimed to be a parent and wanted money? Does she have your contact information?

Customer: replied 9 months ago.
we chat for a few days then she stated she was horn and wanted to see my dick, I said baby....like really she kept asking and I sent one..yes a parent contacted me saying they wanted money
Customer: replied 9 months ago.
I think it's extortion
Expert:  Zoey_ JD replied 9 months ago.

There is a very popular scam which has come to be known as "sextortion," which is a shorthand for sexual extortion and this sounds like what you've experienced. Unscrupulous people hover around on chat rooms and dating sites, and they lure in their victims by assuring them that they are of age but then engaging them in sexual chat and pictures. Then, all of a a sudden, you learn that she is still a minor. Sometimes, as in your case, she tells you that herself. Sometimes, you don't get the news until hours later or the next day when you get a phone call from the alleged parent. And what the "parent" wants is money.

That's blackmail. You need to block all contact with the so-called minor and her "father: and send no money . You should never give in to an extortion request. If you pay them, you'll have to keep paying them for the rest of your life. They only have power over them if you give in to them.

When she sprung on you the fact that she was underaged, you should have immediately left the conversation and blocked her number, which would show that you were never intending to pursue an underaged woman. Instead, you didn't do that. You continued to chat with her for days afterwards, you've got a photo of a possibly underaged girl on your computer, which is a serious felony charge, and you sent an explicit photo of yourself as well.

You're lucky that this is going to be a scam and that there probably really isn't any minor at all, because you can't go to the police and report the blackmail without admitting to crimes that could get you charged with felonies and require lifetime registration as a sex offender.

I don't think you're going to get in trouble, however, because if she were really underaged, she'd be guilty of a crime by sexting you and her father would by blackmailing you. So chances are very high, there's no real father here, no minor at all, and nobody who's going to dare go to the police. Again, block all contact from here and cancel your membership on the dating website, and call their bluffs. The odds are high that nothing at all will happen except that they will move on and try to set someone else up for extortion.

I cannot guarantee you that you have nothing to be concerned about, however. So in the event that you hear from someone who claims to be a police officer, or if the "minor" and her "father" try to reach you another way, say NOTHING about this incident to the police except that you do not wish to discuss anything until you can reach your lawyer, and then go out and retain counsel.

Customer: replied 9 months ago.
Let's say it's true...she sent a nude pic after I said do not send one she lives in sc...her crime would be sending child porn and have to register as a sex offender..
My crime is what after her request to see my cock and I sent 2 pics from nc..is there any federal crime
Expert:  Zoey_ JD replied 9 months ago.

Assuming it was true, your charges would be possession of child pornorgraphy, distributing pornography to a minor and depending upom the context of your conversation, soliciting a minor for sexual purposes. If she is not in North Carolina, this could be prosecuted Federally.

This is why you cannot report the extortion. But it is still not a reason to pay it. If you pay it, these people will have control over the entire rest of your life. If you don't, there probably isn't really a minor here, and for the government, state or Federal, to prosecute you, they would have to come forward, identify themselves and swear out complaint against you. When they do that, the minor would have to admit to a crime. So it's unlikely that this is anything more than the typical sextortion scam. Nothing is going to happen to you.

However, it's a good time to start looking for a local criminal lawyer who is experienced with both state and Federal criminal practice. You don't have to hire him or her yet, because there's nothing for him/her to do, but in the unlikely event that you are contacted by the authorities, you will have the name of someone you can reach out to in an emergency and get your rights protected.