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N Cal Attorney
N Cal Attorney, Attorney
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Experience:  since 1983
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I was on a gay chat site, which was only 18 or older. I talked

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I was on a gay chat site, which was only 18 or older. I talked to a person and had them send me a nude photo. Then they told me they were 16, I immediately deleted the photo and told them to delete my number. I then ceased all communication with them. Can u make some legal sense of this? I'm really worried.
Submitted: 1 year ago.
Category: Legal
Expert:  N Cal Attorney replied 1 year ago.
Did you report the person to the web site as under aged?
Customer: replied 1 year ago.
It's not something you register for. You just give your age, then agree to conditions saying your over 18. I can report it if need be, but there name would have changed. I also NEVER asked for a nude pic, but a picture. As soon as he said he was16 I told him he should not lie about his she, and to cease communication.
Expert:  N Cal Attorney replied 1 year ago.
It sounds like you did everything you could under the circumstances. My opinion is that you have not committed any crime.
Customer: replied 1 year ago.
He just said ok, then bye. I do not detect malicious intent. However if I run into legal troubles, what would you suggest??
Expert:  N Cal Attorney replied 1 year ago.
Your defense might be based on the fact that the web site terms of service led you to believe that he was over 18, so you had no specific intent to seduce or corrupt the morals of a "minor" who had implicitly represented that he was 18 by posting on that web site.
Customer: replied 1 year ago.
Ok, one final concern. Thank you for the help. Most of the research I've done indicates that it doesn't matter whether u know their age or not. In this instance, he lied about his age. But my research seems to indicate that this doesn't matter much.

Question: are there legal reproductions for him being on an illegal website?

Finally: since there is no record of this conversation on the website, all that exists is the picture. That scares me. How can a chat conversation be recovered??
Expert:  N Cal Attorney replied 1 year ago.
I have to ask in which State you were located when this happened.

And if you know, please tell in which State the other person was located.
Customer: replied 1 year ago.
I was in PA. He was in Arizona
Expert:  N Cal Attorney replied 1 year ago.
I cannot find a single Arizona statute you could be charged under, see
http://www.azleg.gov/ArizonaRevisedStatutes.asp?Title=13 at Chapter 14.

Neither Arizona nor Pennsylvania recognizes mistake as to age as a defense to statutory rape, but you cannot be charged with that anyway since there was no physical contact, and you did not commit any indecent or lewd acts. The minor transmitted a possibly lewd photo to you and you are not liable for his actions. I stressed possibly because nudity in itself is not considered obscene. I think you are worrying too much about this.

Customer: replied 1 year ago.
Alright one final clarification, then I will finish the transaction. Again, thank you for your time. I said to him " can you send a pic". I was referring to just a face or profile pic. But he sent a nude pic.

Is this online solicitation?
Expert:  N Cal Attorney replied 1 year ago.
No, that is not solicitation to commit any crime.
N Cal Attorney, Attorney
Category: Legal
Satisfied Customers: 8092
Experience: since 1983
N Cal Attorney and 9 other Legal Specialists are ready to help you
Expert:  N Cal Attorney replied 1 year ago.
Thank you for accepting my answer.

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