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

Customer Question
If I accidentally sent...

If I accidentally sent a nude text to someone, is that illegal? I typed in the wrong number. Thank you.

Lawyer's Assistant: Because laws vary from state to state, could you tell me what state is this in?

Sent from MD. Not sure where to, may have been dc

Lawyer's Assistant: Have you talked to a lawyer yet?

No

Lawyer's Assistant: Anything else you think the lawyer should know?

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: 3,514
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.

If you valued my time, please consider rating me positively at the top of the page. Experts don't get credit for our answers until you do. If you have further questions, please continue to ask them until you're completely satisfied.

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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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.

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