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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Family Law
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Experience:  Licensed experienced Attorney
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My friend sexted a photo of herself when she was 16, she is

Resolved Question:

My friend sexted a photo of herself when she was 16, she is now 22. Is she liable under state law for the production of that photo, or has the statute of limitations ran out.
Submitted: 2 years ago.
Category: Family Law
Expert:  Alex J. Esq. replied 2 years ago.
Hello. My name is XXXXX XXXXX I will be happy to answer your question.

Can you please describe the situation surrounding your question a little better for me?

Thanks.
Customer: replied 2 years ago.
My friend made the mistake 6 years ago of sending a suggestive photo of herself to an exboyfriend, from my understanding the sender can be prosecuted under state law, I was wondering if there was a statute of limitations on this.
Expert:  Alex J. Esq. replied 2 years ago.
Was your friend charge with any crime?

Why do you think she would be prosecuted at this point?
Customer: replied 2 years ago.
She was not charged, although the photo has been posted to a forum whose removal process requires identification (via a current facial photo with today's date). I am wanting to make sure that she can have the photo removed and be free from any repercussions.
Expert:  Alex J. Esq. replied 2 years ago.
There is no Statute of Limitations on felony crimes in North Carolina which this would be treated as under the law. North Carolina teens may be found in violation of the very laws that were written to protect them. Since North Carolina's sentencing statute generally treats 16-year-olds as adults, the child pornography laws that were designed to protect children from predators could be invoked to sentence those same children to more than a decade in prison.

In fact, the potentially lengthy prison sentences may not even be the end for teenagers convicted of sexting-related crimes in North Carolina. Under the state's Sex Offender and Public Protection Registration Program, anyone convicted of sexual exploitation of a minor is obligated to register as a sex offender.

 

Depending on the nature of the crime, someone found guilty of a sexting-related crime could be required to maintain this registration for ten years — or for the rest of his or her life. Job opportunities, college applications, career choices — all could be endangered by one irresponsible, teenage act.

 

I would strongly suggest for this friend to consult with an experienced local criminal defense attorney before doing anything and not to discuss this matter with anyone before consulting with this local attorney and to have this attorney present during any questioning by the law enforcement about the matter.

 




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Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 13068
Experience: Licensed experienced Attorney
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