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Buachaill, Barrister
Category: UK Law
Satisfied Customers: 9442
Experience:  Barrister 17 years experience
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Is it illegal for two adults (18+) to have an online sex chat

Resolved Question:

Is it illegal for two adults (18+) to have an online sex chat about underage sex?
Submitted: 4 years ago.
Category: UK Law
Expert:  Jo C. replied 4 years ago.

Thank you for your question. I will try to help with this.

-Could you explain your situation a little more?

Customer: replied 4 years ago.
I was on a website called having a chat with a person claiming to be from Dublin and stating he was 18. The chat got into having sex with people who were under 16, as young as 11 or 12, and what kinds of things we could do. He said he would like to meet one day, I said if I were in Dublin we maybe could, but we never talked about trying to get underage people if we met. Only that we could meet. But the chat in general involved talking about sex with underage people. We never talked about how we could plan to do it, or how we could arrange something like that, only about the things one could do. His last message was something about some EU statutes (I neglected to copy and paste) and that under those statutes I would be contacted. Is this enough background or you need more detail?
Expert:  Jo C. replied 4 years ago.
Are you in Ireland?
Customer: replied 4 years ago.
I am in The Netherlands, he claimed to be in Ireland
Expert:  Buachaill replied 4 years ago.

1. It is not illegal to have a chat about an illegal activity, or to fantasise about performing an illegal act. Freedom of speech protects almost all speech, including speaking about illegal acts. In situations where the person is over 18, there is no difficulty with speaking about illegal or unlawful acts, even if they involve the fantasy whereby they are performed on underage boys or girls. The law in Europe is the same in all countries as the caselaw of the European Convention on Human rights protects all such speech, with very little limitation in relation to public morals. However, it is important in this instance that the other person is not underage and you are not propositioning them, as this would then enter into an area of illegality. Where as here, you appear to have been the victim of an incitement, you would have the additional defence of entrapment if you were ever prosecuted for your speech, if there was an issue here. However, what you did is not a crime in Ireland or in Holland.


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Buachaill, Barrister
Category: UK Law
Satisfied Customers: 9442
Experience: Barrister 17 years experience
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