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legalgems
legalgems, Lawyer
Category: Criminal Law
Satisfied Customers: 8131
Experience:  Just Answer consultant at Self employed
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Have a question about sexting, MD but she is in VA, no, she

Customer Question

hi
JA: Hello. What do you want help with?
Customer: have a question about sexting
JA: In what state did this occur?
Customer: MD but she is in VA
JA: Have you talked to a lawyer yet?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: she is 17 and i am 21
Submitted: 4 months ago.
Category: Criminal Law
Expert:  legalgems replied 4 months ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Customer: replied 4 months ago.
hello
Customer: replied 4 months ago.
Her parents want to take her cell phone to the police in VA, but she was the first one to send a naked image of herself to me and I did not even ask for it
Customer: replied 4 months ago.
Can i go to jail or be fined for sending explicit image of myself to her since she is 17? my face is not in the image
Expert:  legalgems replied 4 months ago.

Unfortunately yes, the statute (11-202) does provide for up to 1 year of jail, plus a fine of up to $5,000

The act is a misdemeanor.

Enforcement depends on the local police authorities and the individual prosecutor assigned to the state. Maryland is unique in that it has failed to make a law specific to the statute.

A minor can also be prosecuted for sexting; one moment please as I locate the VA statute.

Customer: replied 4 months ago.
i would also like to know if she can get in trouble for sending the image of herself? if that is the case I'm sure her parents would not want to pursue charges and take this to the police. Thank you
Expert:  legalgems replied 4 months ago.

Here are the laws in VA:
http://vscc.virginia.gov/Sexting.pdf

Both a minor and an adult can be held responsible for sending such pictures.

Under 18.2-374.1, a minor (over the age of 15) can be jailed for 1-20 years for taking a picture; and the possession of it can be prosecuted under 18.2-374.1:1

It may be worthwhile to have an attorney draft a letter stating what the various reprecussions can be for each individual so that perhaps they can agree on a no contact order in lieu of prosecution.

Further questions? Please post here to continue the chat.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Customer: replied 4 months ago.
should i ignore all calls and texts from this individual?
Customer: replied 4 months ago.
I am not looking to press charges against her. i will hope they drop the issue seeing that she can also be prosecuted. i have already deleted her image and phone contact from my phone. I will not be contacting her further. thank you
Expert:  legalgems replied 4 months ago.

Blocking the number would be an effective way to ensure that one cannot be charged with receipt-since future images would be blocked.

If the parents are aware that both parties are at risk of prosecution, they would be less likely to pursue-which is why you may want to have an attorney address that point, and offering a good faith no contact order.