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If I accidentally sent a nude text to someone, is that

Customer Question
illegal? I typed in the...
If I accidentally sent a nude text to someone, is that illegal? I typed in the wrong number. Thank you.
JA: Because laws vary from state to state, could you tell me what state is this in?
Customer: Sent from MD. Not sure where to, may have been dc
JA: Have you talked to a lawyer yet?
Customer: No
JA: Anything else you think the lawyer should know?
Customer: Apologized in follow-up text. Told recipient meant for girlfriend.
Submitted: 1 year ago.Category: Criminal Law
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Answered in 4 minutes by:
8/21/2016
Criminal Lawyer: Michael J, Esq., Lawyer replied 1 year ago
Michael J, Esq.
Category: Criminal Law
Satisfied Customers: 3,473
Experience: Licensed attorney experienced in criminal matters, having represented hundreds of clients with every misdemeanor and felony imaginable.
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Hello and thank you for contacting JustAnswer. My name is Michael; I look forward to assisting you today.
By continuing, you acknowledge that I am not providing legal advice and can only comment on the law in general.

When someone over 18 sends a nude image to someone else over 18, they are usually not committing a crime. They are both consenting adults. If you were to accidentally send a nude image to a random stranger over the age of 18, I seriously doubt you could be charged with a crime. One possible outcome if that you could be charged with harassment, but harassment statutes typically require a series or pattern of harassing actions. One action, made in error, would not qualify for harassment in my opinion. The only other scenario to consider is whether you sent a nude image to someone under 18 on accident. In that case, I could see charges - possibly - for something like contributing to the delinquency of a minor or cyberstalking or luring or something along that nature. Again though, if you can show it went to a random number on accident, I don't see the State of Maryland being able to show you had the mens rea - otherwise known as "intent" - to commit a crime.

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DISCLAIMER: This is not legal advice and I am not your lawyer. My questions are based on my knowledge of the jurisdiction where I am admitted to practice, my experience on this site over several years, and research on the relevant laws and statutes for your jurisdiction, if any. My information is not advice and you should always speak to local counsel before you act.

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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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