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Ely
Ely, Counselor at Law
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Is a picture of a 16 year old girl in her bra on her my space

Resolved Question:

Is a picture of a 16 year old girl in her bra on her my space account considered child porn and what can a parent do about it that does not have custody? It is also on adults members accounts.
Submitted: 4 years ago.
Category: Legal
Expert:  Ely replied 4 years ago.
Hello,



My name is XXXXX XXXXX X am one of JustAnswer's attorneys. I'll be helping you resolve your matter today.



This falls under context in which the photo is in. The legality of pornography at the federal level has been traditionally determined by the Miller test, which dictates that community standards are to be used in determining whether a piece of material is obscene. Thus, if a local community determines a pornographic work to meet its standard for obscenity then it could be banned. This means that a pornographic magazine that might be legal in California could be illegal in Alabama.So, this opens a window into yes or no. What you have to do is to file a complaint with the police force of where THEY live so it will be investigated.Finally, if it is the teenager herself who is showing the photo, she cannot be charged - only if it is someone else showing her photo.

Best of luck in your matter. I'm here if you need any more clarification or follow up info.



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Customer: replied 4 years ago.
The local police dept. did not investigate the complaint. It is being done somewhere else other than home since she has no computer to access and the picture is not taken in that home setting. After the police left, her friend "hacked her site" according to the webpage on myspace of my daughter's account. The question is since her picture is her webpage picture id on myspace and she is "friends" with all these other adult friends is this illegal in any form? These people are in different states. This is a semi-nude photo of my daughter. Where should I start since the local police in Alabama did not really investigate it and it is closed as a wellness check?
Expert:  Ely replied 4 years ago.
You need to call the FBI - they WILL investigate it. FBI is much more concerned about this than local police, anyways -(NNN) NNN-NNNNWhat do you mean by a wellness check?

Best of luck in your matter. I'm here if you need any more clarification or follow up info.



I hope you found my answer helpful, and if so please click on the GREEN ACCEPT button for my answer. This is the only way for me to get credit for my work.



Your question will not close, and you will still have the opportunity to follow-up if and I would be happy to answer any and all of the follow up questions.



Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance.



There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!



You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to being the question with “This Question is for Eli…”














Customer: replied 4 years ago.
The wellness check was for them was to stop by her home and make contact then they broke contact and refused to give us a disposition on the complaint. Then the webpage statement originally said " comment on my picture guys" then changed to "hacked by Mia I love and miss Liza".
Expert:  Ely replied 4 years ago.
The police aren't doing enough, and they may be out of their depth with internet stuff. Call the FBI - it's their specialty. They'll not only investigate, but also get Facebook to remove the content, as well as charge the offender.

Best of luck in your matter. I'm here if you need any more clarification or follow up info.



I hope you found my answer helpful, and if so please click on the GREEN ACCEPT button for my answer. This is the only way for me to get credit for my work.



Your question will not close, and you will still have the opportunity to follow-up if and I would be happy to answer any and all of the follow up questions.



Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance.



There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!



You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to being the question with “This Question is for Eli…”














Ely, Counselor at Law
Category: Legal
Satisfied Customers: 86526
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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