Hello, thank you for your question.
thank you for your help
I should start by saying that your description of the events is consistent with a common scam.
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
he demanded i pay him
That's exactly how the scam works.
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
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.
can i report him?
Well, there are a number of reasons why an 19 year old wouldn't have to worry.
Please allow me to explain...
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?
i dont mind giving you particulars if you dont mind
I really don't want the details, but I'm just trying to generally gauge what the criminal act could have been.
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
Ok, a couple of things.
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.
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.
As long as the age difference is not more than 4 years.
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.
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.
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.
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.
so i didnt do anything wrong and can not get in trouble?
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.
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.
Does that help?
yes that is great. thank you for your help and time. have a great night.
you saved me a lot of money. legal has absurd nightly fees\
My pleasure. Just learn your lesson and be careful from this point forward.
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