How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Brandon M. Your Own Question

Brandon M.
Brandon M., Counselor at Law
Category: Legal
Satisfied Customers: 12237
Experience:  Attorney experienced in numerous areas of law.
11182422
Type Your Legal Question Here...
Brandon M. is online now
A new question is answered every 9 seconds

i am 19 years old and responded to a sex add on Craigslist.

Resolved Question:

i am 19 years old and responded to a sex add on Craigslist. The add was for someone 18 years of age. I then received an email with a phone number to test to talk more. immediately after texting i received a phone call from a man claiming i embed his 16 year old son and saying he is going to go to the police station and report me for solicitation of a minor. Don't i have to know he is a minor to be soliciting one? also when an add is put on craiglist dont you agree to terms and conditions saying your 18?
Submitted: 1 year ago.
Category: Legal
Expert:  Brandon M. replied 1 year ago.

Brandon M. :

Hello there.

Customer:

hello

Brandon M. :

Hello, thank you for your question.

Customer:

thank you for your help

Brandon M. :

I should start by saying that your description of the events is consistent with a common scam.

Customer:

i agree. it is just late and i cant get my legal on the phone to make sure there is nothing i need to deal with

Customer:

he demanded i pay him

Brandon M. :

That's exactly how the scam works.

Customer:

i figured that. i just want to make sure there is no way i could soliciate a minor if i didnt even know he was under 18

Brandon M. :

When it is a scam, the perpetrator has no intention of going to the police. They've probably blackmailed dozens of people or more, which is itself a criminal act.

Customer:

can i report him?

Brandon M. :

Well, there are a number of reasons why an 19 year old wouldn't have to worry.

Brandon M. :

Please allow me to explain...

Brandon M. :

But first, without going into details, you said that you responded to a sex ad... please do not give me particulars, but can you tell me what exactly transpired? What was discussed?

Customer:

i dont mind giving you particulars if you dont mind

Brandon M. :

I really don't want the details, but I'm just trying to generally gauge what the criminal act could have been.

Brandon M. :

Hypothetically.

Customer:

basically the add wanted someone to come over and engaje in oral sex. and i responded with my picture (bad decision) and saying i would come. then he emailed back saying sounds good here is my cell text me. and i did. then he called

Brandon M. :

Ok, a couple of things.

Brandon M. :

First, the age of consent in New Jersey is 16 years old. This means that a 16 year old can generally have sex with any adult, as long as it is consensual.

Brandon M. :

Second, New Jersey also has an age gap provision. This means that even if the minor is not yet 16 years old, it is not a criminal offense as long as the adult is not more than four years older. An 18 year old, for example, can therefore lawfully have sex with a 15 year old in New Jersey.

Brandon M. :

As long as the age difference is not more than 4 years.

Brandon M. :

So, it is likewise generally lawful to request sex from a 16 year old in New Jersey, or from a minor not yet 16 if the age gap is 4 years or less.

Brandon M. :

Mistake of age is not a defense, but there are all sorts of problems that would arise if this scam was hypothetically a real situation. First, how do you prove beyond a reasonable doubt that it was the minor who was solicited and not the parent? Second, even though it was your picture, how would you prove beyond a reasonable doubt that someone else wasn't using your phone? It would be extremely difficult to prove, even if a crime actually did occur.

Brandon M. :

I should be clear that because the nuances of every situation are different, this information should not be construed as complete or advice without consulting in person with an attorney who can view the ad and any messages sent in person. But that said, this is the law in NJ.

Brandon M. :

You also asked if you should take this to the police. Well, that's a personal decision. I can say that there are similar problems proving the guilt of a criminal in these situations--how to prove what was actually said over the phone beyond a reasonable doubt, who actually attempted the extortion, etc.

Customer:

so i didnt do anything wrong and can not get in trouble?

Customer:

can't***

Brandon M. :

Personally, I would probably send an anonymous email to my local law enforcement with a web link to the advertisement and tell them how they're scamming people.

Brandon M. :

Well, New Jersey law does not prohibit 19 year olds from soliciting sex from 16 year olds in New Jersey. If the 19 year old is harassing the 16 year old, or if there is a restraining order (for example), it could be a violation of law in those specific situations, but it is generally legal both because 16 is the age of consent and also because there is a 4 year age gap allowance.

Brandon M. :

Does that help?

Customer:

yes that is great. thank you for your help and time. have a great night.

Customer:

you saved me a lot of money. legal has absurd nightly fees\

Brandon M. :

My pleasure. Just learn your lesson and be careful from this point forward.

Customer:

will do

Brandon M., Counselor at Law
Category: Legal
Satisfied Customers: 12237
Experience: Attorney experienced in numerous areas of law.
Brandon M. and 10 other Legal Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
 
 
 
Chat Now With A Lawyer
Brandon M.
Brandon M.
Attorney at Law
6340 Satisfied Customers
Attorney experienced in numerous areas of law.