Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Criminal Law

After watching the show how to catch a preditor I started

Customer Question
After watching the show "how...
After watching the show "how to catch a preditor" I started wondering... if an adult starts chatting with someone online who states they are over 21, different texts and even pictures are shared, then the "other" person tells the adult they are actually under 18, could that adult face charges?
Submitted: 9 years ago.Category: Criminal Law
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 4 minutes by:
10/2/2008
Criminal Lawyer: Onpointlegal, Lawyer replied 9 years ago
Onpointlegal
Onpointlegal, Lawyer
Category: Criminal Law
Satisfied Customers: 545
Experience: Attorney with 20+ years of experience
Verified
The answer to your question would depend on the specific law involved. However, in general, states have laws that prohibit, among other things, possessing pictures of minors showing certain portions of their bodies. Knowledge of whether the person is a minor is, often, not an element of the crime. So, just like statutory rape charges can be brought even when a minor lies to the perpetrator about his/her age and claims to be over 18, charges can be brought for other crimes against minors even though the perpetrator believed the person to be of age. It is a "let the buyer be ware" situation on many of these laws. Of course, the criminal justice system is going to come down a lot harder where there is intent than where there isn't.


Ask Your Own Criminal Law Question
Customer reply replied 9 years ago
what kind of evidence is needed to be charged with a crime? If the only way a picture was shared (just one picture of the guys private, no face), false name was given, and the picture was through a cell phone.
Criminal Lawyer: Onpointlegal, Lawyer replied 9 years ago
Charging of a crime is within the discretion of the prosecuting attorney.

The prosecuting attorney would need to have a good faith belief that all "elements" of the crime could be shown. In this case, while we are not talking about any particular statute, one of the elements would clearly be that the picture is of someone who is underage. So, the prosecuting attorney would need some information/evidence to show that. That could take the form of, for example, testimony from the victim.
Ask Your Own Criminal Law Question
Customer reply replied 9 years ago

ok last reply,

 

the picture is not of the minor, the picture is of an adult that was sent to a minor.... also what state would the charges be filled in?

Criminal Lawyer: Onpointlegal, Lawyer replied 9 years ago
Oh... well, that is probably also illegal under many state statutes.

As far as what state, it could be in either the state that the photograph was sent from or the state it was sent to. Or, both. It would be up to the discretion of prosecuting attorneys in both states.

I wish you the best with this situation. If you have followup issues, I am happy to help. I would appreciate your pressing accept so that I can be paid. I will still be available to work with you on followup issues. Thank you.


Please keep in mind, this online forum does NOT form an attorney-client relationship. All answers are simply based on the facts presented and are advisory in-nature. For complex legal situations, situations involving large amounts of money, situations involving issues that have a large impact on your life (such as family law issues and criminal law issues), you should always consider and obtain in-person consultation with a local attorney with expertise in the subject matter of your question.
Onpointlegal
Onpointlegal, Lawyer
Category: Criminal Law
Satisfied Customers: 545
Experience: Attorney with 20+ years of experience
Verified
Onpointlegal and 87 other Criminal Law Specialists are ready to help you
Ask your own question now
Ask Onpointlegal Your Own Question
Onpointlegal
Onpointlegal
Onpointlegal, Lawyer
Category: Criminal Law
Satisfied Customers: 545
545 Satisfied Customers
Experience: Attorney with 20+ years of experience

Onpointlegal is online now

A new question is answered every 9 seconds

How JustAnswer works:

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

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:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

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.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, 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!!

ElaineAtlanta, 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.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,194 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,063 satisfied customers

16 yrs. of experience including criminal law.

RobertJDFL

RobertJDFL

Lawyer

1,862 satisfied customers

Experienced in multiple areas of the law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

Nate

Nate

Lawyer

1,736 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,631 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

AttorneyTom

AttorneyTom

Lawyer

1,242 satisfied customers

Attorney

< Previous | Next >

Related Criminal Law Questions
When someone is accused of rape and arrested then all of the
When someone is accused of rape and arrested then all of the physical evidence says the person is not guilty how long can the accused be held in jail in Texas?… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,778 satisfied customers
I have a question for a criminal attorney. No, I'm not a
I have a question for a criminal attorney. No, I'm not a criminal, but yes a crime may have been committed.… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,127 satisfied customers
Can i end up in jail for being falsely accused of rape.
Can i end up in jail for being falsely accused of rape … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
I was convicted of the rape of a little girl in Oregon in
I was convicted of the rape of a little girl in Oregon in 1995. Physical evidence existed that proves me innocent that was kept out of court by the prosecutor and I kept bugging him and my lawyer to g… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Doctoral Degree
244 satisfied customers
My son has been falsly accused of rape in Kansas by a racist
My son has been falsly accused of rape in Kansas by a racist cop and pressured the girl to say she was raped when the officer had it out for this telling him he would kill him or arrest him one day th… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
If a man is on trial for rape (AKA battery in FL), and there
If a man is on trial for rape (AKA sexual battery in FL), and there exists an ex boyfriend of the alleged victim who has in his possession texts in which she accuses him of date rape and then recants.… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
If a man is on trial for rape, can the defense offer
If a man is on trial for rape, can the defense offer evidence that the complainant (alleged victim) has been diagnosed with bipolar disorder in the past?… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
If a complainant reports battery (specifically rape) in
If a complainant reports sexual battery (specifically rape) in Florida, what level of probable cause would need to exist for the police to be able to seize the suspect's cell phone?… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,699 satisfied customers
My friend is the victim of attempted rape and is trying to
Hi, my friend is the victim of attempted rape and is trying to press charges for sexual battery. Her lawyer just dismissed her saying that she had no case and brought in a male lawyer for a "male pers… read more
Expert James
Expert James
Doctoral Degree
11,694 satisfied customers
My girlfriend was sexually assaulted - gang raped - in
My girlfriend was sexually assaulted - gang raped - in Tulia, Texas back in Feb 2016. We found one of her rapists and confronted him. He claimed that she was conscious, knew what I was doing, and accu… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
I'm writing a story about a rape trial. In trial, if the
I'm writing a story about a rape trial.In trial, if the alleged victim is giving testimony about the attack/rape, can she describe what her assailant was saying to her during the attack? Can she descr… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
I have been raped, and a rape kit was provided. I have
I have been raped, and a rape kit was provided. I have written letters to have my kit put through ASPHIS, but I get ignored, so my rape & assault was never adjudicated but ignored by a Detective that … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
How is it that the justice system can ignore the truth and
How is it that the justice system can ignore the truth and rely upon a third person's story to victimize a family?There is no crime, yet the city attorney is pushing for a false charge and the judge i… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Doctoral Degree
244 satisfied customers
Does a victim of rape by a law enforcement officer have the
Does a victim of rape by a law enforcement officer have the right to have the results from rape kit … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,778 satisfied customers
I was wondering if someone with a obstruction of justice
I was wondering if someone with a obstruction of justice charge in illinois get it expunged. they drunkenly lied and said they were driving … read more
Michael Bradley
Michael Bradley
JD
1,191 satisfied customers
I need a criminal justice lawyer knowledgeable on advocacy
I need a criminal justice lawyer knowledgeable on advocacy for substance abuse crimes … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
In the criminal justice arena there are different sentencing
In the criminal justice arena there are different sentencing schemes. They are determinant, indeterminate, and mixed sentencing (a combination of the first two). I'd like to know which states use whic… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,340 satisfied customers
Is collusion illegal criminal offense that the justice
Is collusion illegal criminal offense that the justice system would prosecute … read more
LegalGems
LegalGems
Juris Doctorate
10,686 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x