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I was engaged in what I though was lawful texting, and sexting

with an adult. a few...
I was engaged in what I though was lawful texting, and sexting with an adult. a few days into the phone encounters I was informed via by an aunt who confiscated the phone, stating that I was communication with a minor. The body images were unidentifiable as to age. With that said, I had to change my number, im mentally anguished from what ive learned to be a mere child sending me things I shouldn't be receiving nor ever seeing. How can I hold the parents legally accountable for failure to monitor and manage this child, and willfully giving the child a device, without oversight, that allowed the child to engage into criminal child porn activity?
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Answered in 5 minutes by:
5/28/2013
BizAttorney
BizAttorney, Attorney
Category: Criminal Law
Satisfied Customers: 2,273
Experience: Over 12 years of business and legal experience.
Verified

BizAttorney :

Good evening! I can help you out with your legal question tonight. First of all, have you been contacted by the police?

JACUSTOMER-xdn3uy9u- :

NO

BizAttorney :

If you are wanting to sue the parents for negligence and not monitoring their child, I would advise against it. The reason is that you will be in trouble criminally if they push the issue. Sexting with a minor is criminal, even if you didn't know. If you pursue the parents at all legally, their lawyer will immediately bring up that fact.

BizAttorney :

While it is emotionally devastating to experience what you did, it is still criminal and can be actionable.

JACUSTOMER-xdn3uy9u- :

when is the accountability to the parents giving a device to a person and them committing crimes?

BizAttorney :

It isn't a crime for a child since they legally "don't know better" which is why it is illegal only for an adult. The parents are accountable, but not legally.

JACUSTOMER-xdn3uy9u- :

their child by the willful act of the parents to allow a phone without oversight

JACUSTOMER-xdn3uy9u- :

have you seen this type of question before?

BizAttorney :

The court will not hold them responsible and you will open up a can of worms if you pursue it.

BizAttorney :

Yes, I have seen people wanting to hold the parents liable, but the law doesn't permit it.

BizAttorney :

If the child does physical damage, then that is different.

BizAttorney :

So my advice is to not pursue it, otherwise, you can actually get sent to jail.

JACUSTOMER-xdn3uy9u- :

the term damages is broad in is use, wouldn't this be a type of damage?

JACUSTOMER-xdn3uy9u- :

Im just so pissed that I got cought up in something like this I want to see accountability

JACUSTOMER-xdn3uy9u- :

the child is in CA Im in FL, IF and only IF this aunt takes exception to the nature of this what are my possible outcomes?

BizAttorney :

It is and emotional damage is damage, but you cannot sue for damages when you are doing something illegal. It would be similar to a bank robber suing because he scraped his leg on a door while robbing the bank.

BizAttorney :

If the aunt took exception, then you could sue for negligent infliction of emotional distress.

BizAttorney :

That is where someone is negligent and it causes you damages, which you can sue for and recover.

BizAttorney :

Are you there?

JACUSTOMER-xdn3uy9u- :

this person kept sending and asking for pix and stuff, with the them being the primary aggressor only to later find out it was an under aged person, what is the views of the prosecutors when they learn that the minor was the aggregator in tying to collect pictures.

BizAttorney :

Legally it doesn't matter, but they may have more compassion upon you because of the facts.

JACUSTOMER-xdn3uy9u- :

would discretion be exorcised in a situation like this one or do they not really care?

BizAttorney :

Honestly, they are bound by the law. However, judges have been known to not always follow the law.

BizAttorney :

With you being in another state though, I doubt there would be discretion.

JACUSTOMER-xdn3uy9u- :

if the aunt turns the phone over to authorities in CA would I be extradited from FL or would this situation be carefully evaluated before something like that happens?

BizAttorney :

Yes you could be extradited, but only if they have substantial proof against you.

JACUSTOMER-xdn3uy9u- :

Im figuring on anything to happen here. I just learned this very late last time, early this morning. Ive changed my number so I don't know what the aftermath if any from her communication to me, she was very pissed, understandably tho

BizAttorney :

That is a good move. You are wise to change it.

JACUSTOMER-xdn3uy9u- :

I feel I got trapped into something here, im just freaked out about it.

BizAttorney :

I would be also. That is why I would not recommend that you push the envelope at all. Let it go and learn from it.

JACUSTOMER-xdn3uy9u- :

little history, Im in the ready to hire list for a federal law enforcement job. so im really upset about it. I feel very victimized in this. I want to protect children from ppl like that, not become one of them

BizAttorney :

I agree with you and wish you the best of luck. Did you have any other questions tonight?

JACUSTOMER-xdn3uy9u- :

what the best way to get in front of any pending legal action if while I'm sitting here there is report being written. I know what city this person lives in, how would a person inquire about any such action taking place.

BizAttorney :

The only way is to check with the district attorney's office to see if charges are pending against you.

JACUSTOMER-xdn3uy9u- :

Im so upset im not really able to articulate my questions well enough for you to answer them to a way im getting any relief from this situation. Do I just sit and wait to see if she follow through on her rant-and-rave?

BizAttorney :

I know you are upset and it is understandable. The only thing you can really do is wait and try to move on.

JACUSTOMER-xdn3uy9u- :

I'm thinking this child just wanted the pictures, the alluring text msgs I think were deleted cause she only talked about pictures and not the msgs. Ive gone so fare to delete and disable the email address associated to this activity, should I find relief in the fact that photos are not longer part of this event or is there really any protection from deleted and deactivated email accounts?

BizAttorney :

I hope you are correct. Yes, the photos are the bad part of this all. Deleted accounts do not offer much protection.

BizAttorney :

They can still get into it.

JACUSTOMER-xdn3uy9u- :

Age was not talked about during the communication, not till the end when she took over the phone or she says she took over the phone. About 3hrs after I was asked my age is when this all happen. could this be a lawsuit scam?

BizAttorney :

Yes, don't negotiate with them at all if they demand some type of settlement money.

JACUSTOMER-xdn3uy9u- :

how can I get from my phone carrier the text history from this?

BizAttorney :

Which carrier do you have? You can request it. If a lawsuit entails, you can subpoena it.

JACUSTOMER-xdn3uy9u- :

I would delete the text msgs regularly so im not remembering just how incrimination my side of the conversation truly was, im really having memory anxiety from this situation

JACUSTOMER-xdn3uy9u- :

Verizon

JACUSTOMER-xdn3uy9u- :

are text history provided in transcript format or have you every been able to see that type of data?

BizAttorney :

Just the numbers are stored and not the conversations.

JACUSTOMER-xdn3uy9u- :

so if the conversations are deleted from both parties then no text history exist my only hurdle if any would be this saved pictures?

BizAttorney :

Yes, that is correct.

JACUSTOMER-xdn3uy9u- :

I was receiving pictures while I was asleep many times. I would reciprocate after I woke up. what would be the prosecutorial position with that fact in mind?

BizAttorney :

Not relevant. The point is that they were sent.

JACUSTOMER-xdn3uy9u- :

cant a minor be charge for a crime of disturbing child porn to anyone?

BizAttorney :

No they cannot.

BizAttorney :

I see that you rated my service as poor. Are you not satisfied with my answers?

JACUSTOMER-xdn3uy9u- :

im seeing in the news where children are being required to registered as an offender, is that only minor on minor activity?

JACUSTOMER-xdn3uy9u- :

I didn't rate you yet

BizAttorney :

I show a negative report from your question. There may be a mistake though.

BizAttorney :

Yes, that is minor v. minor.

JACUSTOMER-xdn3uy9u- :

the minor is still n possession of porn and distributing it, that doesn't matter?

BizAttorney :

No, the law is less harsh on children.

JACUSTOMER-xdn3uy9u- :

well, this whole thing just got some sympathy from me on the part of an adult getting cough up into this type of situation for sure. How do I approach an attorney if I have to about this? I feel like I look like a pervert already!

BizAttorney :

You can definitely talk to a local attorney about it. However, I would only contact an attorney if charges are brought against you or if you decide to pursue the parents civilly.

JACUSTOMER-xdn3uy9u- :

How would a civil tort effect the merits of the criminal consideration, would filing a criminal complaint make the parents look vengeful and retaliatory? If so would that debunk a lot of this as them just trying to get back at me for hold them accountable for their lack of action?

BizAttorney :

It wouldn't be the parents that brought a criminal suit, but would be the district attorney. The two would only be relevant with regard to evidence. So the civil suit, if you brought one, would not be affected by the criminal suit.

JACUSTOMER-xdn3uy9u- :

how would you feel about this case if It was your to handle from a criminal defense position

JACUSTOMER-xdn3uy9u- :

are you a prosecuting or defense attorney?

BizAttorney :

I am more familiar with the civil side of your situation.

JACUSTOMER-xdn3uy9u- :

oh

BizAttorney :

I have done defense also, but if you want strategy, i would need to transfer you to the criminal experts.

JACUSTOMER-xdn3uy9u- :

I'm speaking from more of a criminal aspect with side question about the civil liability consideration toward the parents really

BizAttorney :

Ok, let me handle the civil portion and then the criminal aspect can be addressed. Did you have any more questions about the civil portion?

JACUSTOMER-xdn3uy9u- :

Im ok about the civil side, but do I have to start this conversation over again or can you move this into their msg board?

BizAttorney :

I can move this into their msg board.

JACUSTOMER-xdn3uy9u- :

thank you

BizAttorney :

You are welcome, before I do, will you please give me feedback? Thanks!

JACUSTOMER-xdn3uy9u- :

did it show my rating correctly?

BizAttorney :

Not yet, did you hit the feedback question?

BizAttorney :

Green feedback button

JACUSTOMER-xdn3uy9u- :

I pushed the button and it lite up green

JACUSTOMER-xdn3uy9u- :

hello?

BizAttorney :

Were you able to leave feedback?

BizAttorney :

No matter, I will transfer you over to the criminal experts now to help finish your question. It has been a pleasure helping you!

JACUSTOMER-xdn3uy9u- :

I only pushed the rating selection, it doesn't have an area for me to leave a comment

JACUSTOMER-xdn3uy9u- :

Hi

BizAttorney
BizAttorney, Attorney
Category: Criminal Law
Satisfied Customers: 2,273
Experience: Over 12 years of business and legal experience.
Verified
BizAttorney and 87 other Criminal Law Specialists are ready to help you
Ask your own question now
Customer reply replied 4 years ago


I did not get into a chat for the rest of my question?

Customer reply replied 4 years ago

Relist: Incomplete answer. I was not answered my questions, I was told I was going to be forward to someone and that didn't happen.

Ask BizAttorney Your Own Question
BizAttorney
BizAttorney
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Category: Criminal Law
Satisfied Customers: 2,273
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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).

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