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Ask Legalease Your Own Question
Legalease, Lawyer
Category: Family Law
Satisfied Customers: 16208
Experience:  13 years experience, divorce & custody issues, protective orders, child abuse issues
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I live in California and have a serious issue my son is

Customer Question

Hi I live in California and have a serious issue my son is in the seventh grade at our local midddel school, he was sexting with this girl he likes and she was as well so it was mutual and this was at home they were sending those messages from. some how the girl sent the those messages to one of her friends and that girl sent them to his ex girlfriend . So the ex girlfriend got mad and started showing evryone at school and then went to the principal and the school suspended the girl along with my son is that right that they suspend my son and the little girl when it was mutual among both and isn't the ex girlfriend who showed other students bullying by showing other students and we have some proof she threatened the girl that she was going to beat her up cause of this
Submitted: 5 months ago.
Category: Family Law
Expert:  Legalease replied 5 months ago.
Hello there ---Sexting, even between two young people who are doing it with each others consent, is illegal because the federal government and most states including CA considers it to be the making of and dissemination of child pornography if anyone under the age of 18 is involved in the sexting. That includes the parties exchanging the original sext messages and anyone else who receives them and continues to pass them along. To be honest, your son and his friends are lucky that the school did not report this to the local authorities because depending upon how much is shown in the messages, they could all find themselves in a juvenile detention center. The actions that the school took are mild and for your son's sake you should hope that is where the matter stays. If you were not aware of how illegal these actions are, you should now impress upon your son and his friends that they CANNOT make these kinds of messages and send them to anyone until after they are 18 years old when it is no longer considered to be child pornography. -I am giving you a very good link to an article from California which also explains CA position on such sext messages -- this is applicable in the entire state of CA (and most other states have issued the same laws as well) -I hope that helps. Please let me know if you have any further questions. IF not, can you please press a positive rating so I will be paid for my time (a positive rating is pressing the middle star or the fourth or fifth star on the right of the middle star above). Doing so will not cost you any additional money -- it simply acts as the trigger to Just Answer to pay me for my time assisting you today.-MARY

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