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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27011
Experience:  Handle criminal matters in both state and federal courts.
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Our 15 year old son received a text message with a topless

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Our 15 year old son received a text message with a topless photo of a girl from his school. He shared it in the lunch room and then sent it to several of his friends. The school has suspended him for a minimum of 3 days and has threatened as much as expelling him pending their investigation. We have since found out that it was her ex boyfriend that had initially shared the image and that many (could be well over 100) kids have seen it even well before the insident with our son. The ex boyfriend has been suspended but no one else. We heard rumor that the girl and her parents are planning to press charges against our son as well as the boyfriend. Without trying to sound like I'm defending our son - he was not raised like this - doesn't the girl carry some of the blame? Is she exempt from sexting charges? Thank you!
Hello and welcome

My name is XXXXX XXXXX I look forward to providing you information in this regard.

First of all, this is a very serious charge. It is consider child Pornography if the girl is under the age of 18

Next, if the ex boyfriend took her photo with her permission, then she can be charged with a child pornography offense.

If she sent it out, she can be charged, as you son and anyone else who transmitted or forward it, with Distribution of Child Pornography.

Anyone who received it, whether they forwarded it or not can be charged with Possession of Child Pornography.

So there is a lot at stake here and I suggest if you have not already done so you want to consult with a local criminal law attorney about the chances of having this matter dismissed somehow.

These are serious charges and can require your son to have to register as a sex offender.

I know you are looking for fairness. But at this time, I suggest due to the seriousness of this matter, you focus only on your son's situation and have a local attorney figure out who did what, who is being charged with what and let the attorney use that to help get these charges against him cleared.

Customer: replied 4 years ago.



She took the photo and sent it to the boyfriend - he shared it with others and my son was somewhere down the line.


I appreciate your input.


I'm sorry to hear that.

She should be charged and everyone else involved or no one.

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