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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 27091
Experience:  Began practicing law in 1992
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If a person sends a sexual picture over the internet that you

Customer Question

If a person sends a sexual picture over the internet that you think is over 18 but have never met, but met on a site that requires you to be over 18, and then later find out they were under 18 later, is that a crime?
Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year ago.

JD 1992 :

Hello, and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today.


It is illegal to possess a sexual picture of a person under 18 regardless of how old you believe them to be.

JD 1992 :

It is illegal for them to send it to you, but since they are under 18 the chances they will be prosecuted are very low.

Customer:

What if the person that sent it is over 18?

JD 1992 :

How old is the person that received it?

Customer:

The person the received it represented themselves to be over 18, but they weren't.

JD 1992 :

KY has a statute that covers this:

JD 1992 :

531.030 Distribution of obscene matter to minors.
(1) A person is guilty of distribution of obscene material to minors when, knowing a person to be a minor, or having possession of such facts that he should reasonably know that such person is a minor, and with knowledge of the content and character of the material, he knowingly:
(a) Sends or causes to be sent; or
(b) Exhibits; or
(c) Distributes, or offers to distribute,
obscene material to a minor.

JD 1992 :

That statute requires that the person know it is a minor or there were facts that should have made the person aware it was a minor.

Customer:

What if the person the picture was sent to, then backmails the person that sent it?

JD 1992 :

What are you asking in that last one?

Customer:

It was fraud and a set up. If a woman intices a man to send a picture and then threatens him that she will reveal it if he does not pay money to her, has the woman committed a backmail crime?

JD 1992 :

Yes, it would be blackmail and a crime.

Customer:

If the e-mail of the woman was obtained by the man on a web site that requires her represent herself to be over 18, is the man protected that he has not committed crime if she later tells him that she is under 18?

JD 1992 :

Not completely protected but at least partially.

JD 1992 :

It is actually not blackmail in KY it is extortion.

JD 1992 :

The statute is:

JD 1992 :

514.080 Theft by extortion.
(1) A person is guilty of theft by extortion when he intentionally obtains property of another by threatening to:
(a) Inflict bodily injury on anyone or commit any other criminal offense; or
(b) Accuse anyone of a criminal offense; or
(c) Expose any secret tending to subject any person to hatred, contempt, or ridicule, or to impair his credit or business repute; or
(d) Use wrongfully his position as a public officer or servant or employee by performing some act within or related to his official duties, either expressed or implied, or by refusing or omitting to perform an official duty, either expressed or implied, in a manner affecting some person adversely; or
(e) Bring about or continue a strike, boycott, or other collective unofficial action, if the property is not demanded or received for the benefit of the group in whose interest the actor purports to act; or
(f) Testify or provide information or withhold testimony or information with respect to another's legal claim or defense.

Customer:

Why is the man only partially protected?

JD 1992 :

Because there could be other things that indicated they were under 18.

JD 1992 :

Or the judge or jury could believe that you knew she was under 18.

Customer:

What if all the man saw was her picture over the internet, and it is reasonable to think she was over 18 and she represented by being on the site that she was over 18 by being of the website.

JD 1992 :

Then that would be a defense as the statute sets out. If this has happened to you then what you need to do is hire a local criminal defense lawyer to talk to the DA for you and try and get blackmail charges filed without you facing any type of charges.

Customer:

The woman is in a foreign country so that would probably not be possible.

Customer:

This was obviously a set up and deliberate fraud and backmail.

JD 1992 :

They are probably not under 18 and are just trying to scam you. However, hiring a lawyer to go to the DA is the best path. You can certainly choose not to and you are probably safe but there is always a risk.

Customer:

Ok, thank you.

JD 1992 :

You're very welcome,

Customer:

Can I print out a copy of this?

JD 1992 :

Anything else I can answer for you?

Customer:

Can I print out a copy of this?

JD 1992 :

Yes. As soon as you issue your positive rating I will convert this to a regular Q and A and yo can print it using the browser's print function.

Customer:

OK, thank you much.

Dwayne B., Attorney
Category: Legal
Satisfied Customers: 27091
Experience: Began practicing law in 1992
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