Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

I friend of mine got drunk one night saw an ad on Craigslist…

I friend of mine got...
I friend of mine got drunk one night saw an ad on Craigslist for a one night stand. The instructions on craigslist said to send a picture of his penis via Kik. So he did. Did he break any laws in the state of texas?
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 2 minutes by:
3/10/2018
LegalPro54
LegalPro54, Lawyer
Category: Criminal Law
Satisfied Customers: 14,363
Experience: I can provide detailed, thoughtful assistance to help you solve your legal problems.
Verified

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

No, what you describe is not inherently illegal. If the picture was sent to a minor, or if repeated pictures were sent after your friend was told to stop, that would change things, but based strictly on what you have described I see no violation of the law.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

* Disclaimer *

Just Answer is a venue for informational and educational purposes only. No attorney-client relationship is formed by these communications.

Ask Your Own Criminal Law Question
Customer reply replied 4 months ago
What would change if the image was sent to a minor?

It could give rise to prosecution for lewd conduct with a minor, particularly if the sender knew or had reason to know that the recipient of the text was under age.

Ask Your Own Criminal Law Question
Customer reply replied 4 months ago
What do you mean by lewd conduct with a minor and what kind of prosecution would it be?

See here:

Sec. 43.24. SALE, DISTRIBUTION, OR DISPLAY OF HARMFUL MATERIAL TO MINOR. (a) For purposes of this section:

(1) "Minor" means an individual younger than 18 years.

(2) "Harmful material" means material whose dominant theme taken as a whole:

(A) appeals to the prurient interest of a minor, in sex, nudity, or excretion;

(B) is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable for minors; and

(C) is utterly without redeeming social value for minors.

(b) A person commits an offense if, knowing that the material is harmful:

(1) and knowing the person is a minor, he sells, distributes, exhibits, or possesses for sale, distribution, or exhibition to a minor harmful material;

(2) he displays harmful material and is reckless about whether a minor is present who will be offended or alarmed by the display; or

(3) he hires, employs, or uses a minor to do or accomplish or assist in doing or accomplishing any of the acts prohibited in Subsection (b)(1) or (b)(2).

(c) It is an affirmative defense to prosecution under this section that the sale, distribution, or exhibition was by a person having scientific, educational, governmental, or other similar justification.

(c-1) It is a defense to prosecution under this section that the actor was the spouse of the minor at the time of the offense.

(d) An offense under this section is a Class A misdemeanor unless it is committed under Subsection (b)(3) in which event it is a felony of the third degree.

Ask Your Own Criminal Law Question

This is a class a misdemeanor which carries a punishment of up to a year in a county jail, and a fine of up to $4,000.

Ask Your Own Criminal Law Question
Customer reply replied 4 months ago
Thank you, ***** ***** you put this in laymen terms

My apologies, I tried to do that initially but you asked for specifics.

It's illegal to send offensive/lewd photographs to a minor. It's a class A misdemeanor which means up to a year of jail or $4,000 fine. It's important to understand that those are maximum penalties. For a first time offender it would likely be much less. It's also important to understand that it's imposisble to predict with certainty exact which charges would be filed. Perhaps this would be prosecutable under other statutes as well. It's also quite possible that no prosecution would ever take place if the sender had no reason to know the person receiving the messages was under age.

Ask Your Own Criminal Law Question

Hopefully this is more clear.

LegalPro54
LegalPro54, Lawyer
Category: Criminal Law
Satisfied Customers: 14,363
Experience: I can provide detailed, thoughtful assistance to help you solve your legal problems.
Verified
LegalPro54 and 87 other Criminal Law Specialists are ready to help you
Ask your own question now
Customer reply replied 4 months ago
okay. could you elaborate on the last sentence more. to clarify if the sender found the information to contact said person, the person to whom the image was sent, on craigslist, a site where you must say you are 18 or older to use for that purpose, you could not be prosecuted because you had no reason to suspect the person was under 18?
Customer reply replied 4 months ago
also what other statues could this go under.
Customer reply replied 4 months ago
i think i understand thank you

Sorry for my delay. The statute I cited above requires "knowing" that the person you are sending the photographs to is a minor. If you didn't know and had no reason to know, it wouldn't fall under this statute and the risk of any criminal consequences would be very low. I hope this helps.

Ask Your Own Criminal Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a criminal lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask LegalPro54 Your Own Question
LegalPro54
LegalPro54
LegalPro54, Lawyer
Category: Criminal Law
Satisfied Customers: 14,363
14,363 Satisfied Customers
Experience: I can provide detailed, thoughtful assistance to help you solve your legal problems.

LegalPro54 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

3,248 satisfied customers

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

P. Simmons

P. Simmons

Lawyer

2,153 satisfied customers

16 yrs. of experience including criminal law.

RobertJDFL

RobertJDFL

Lawyer

1,984 satisfied customers

Experienced in multiple areas of the law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

Nate

Nate

Lawyer

1,750 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,638 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

Barrister

Barrister

Criminal Defense Law

1,255 satisfied customers

17 years practicing criminal defense.

< Previous | Next >

Related Criminal Law Questions
I have a question about law and how it works. Texas. But i
Hello I have a question about law and how it works … read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
1,984 satisfied customers
I need to know if something is a crime or not. No charges
I need to know if something is a crime or not JA: Have any charges been filed? If so, when is the next court date? Customer: no charges have been filed JA: In what state did this occur? Customer: iowa… read more
Michael J. Ocampo
Michael J. Ocampo
Principal Criminal Defense Attorney
Doctoral Degree
4 satisfied customers
My friend (male, mind-20s) discovered that someone is
My friend (male, mind-20s) discovered that someone is harassing him in the following manner. Someone posted a craigslist ad using his name and contact information that said he is lonely, needs a frien… read more
Zoey, JD
Zoey, JD
Doctoral Degree
194 satisfied customers
I'm in texas, I have been friends with a 46 yr old lady we
I'm in texas, I have been friends with a 46 yr old lady for years we just friends. we talk about family and our moms, her mom died awhile back. my mom is dying from cancer which we talk about when we … read more
Thomas Swartz
Thomas Swartz
Attorney
Juris Doctor
2,898 satisfied customers
I responded to a craigslist ad stupidly last night. The ad
I responded to a craigslist ad stupidly last night. The ad stated the girl was 20 and looking to have sex with a stranger. A phone number was placed in the ad and asked for a penis pic and she would l… read more
Barrister
Barrister
Criminal Defense Law
Doctoral Degree
1,255 satisfied customers
We talked yesterday about my friends issues. I was going
Hi again, we talked yesterday about my friends issues. I was going over one of your answers, and I had a quick question if you have a free moment.… read more
Legal-Kal
Legal-Kal
Attorney
J.D.
600 satisfied customers
Mr. Barrister. So I have a big problem here and I'm freaking
Hey Mr. Barrister. So I have a big problem here and I'm freaking out. You seem to give great advice so I wanted to ask you to see what you thought. So I was on craigslist and I saw a post about two gi… read more
Barrister
Barrister
Criminal Defense Law
Doctoral Degree
1,255 satisfied customers
Ok so there is a chat group on kik called oki friends with
ok so there is a chat group on kik called oki friends with benefits, and I sent nudes to a female in the fwb chat, later a guy messaged me and said she was underage? Can I get in touble since I did no… read more
Zoey, JD
Zoey, JD
Doctoral Degree
194 satisfied customers
In the state of Texas; A man ask me to send him my phone
In the state of Texas; A man ask me to send him my phone number, name and pics, meaning nude pics, so we could text. So I sent him my number and name. Then a nude pic... the man turned out to be 14 yo… read more
Barrister
Barrister
Criminal Defense Law
Doctoral Degree
1,255 satisfied customers
hii, my question is, if an adult from US send text to
hii, my question is, if an adult from US send sexual text to some minor girl (he is not sure if she was minor) living in UK. can he still be charged for child solicitation? can police arrest him?… read more
Zoey, JD
Zoey, JD
Doctoral Degree
194 satisfied customers
Being blackmailed for replying to a personal ad in Craigslist
Hi, I replied to an ad on Craigslist (personal ad) which didn't have age listed. Then I asked for a number to talk and confirm. That individual sent me a number and asked me to unblock and call, but I… read more
Ely
Ely
Counselor at Law
Juris Doctor
3,248 satisfied customers
I have a friend who was arrested for a crime he did not even
I have a friend who was arrested for a crime he did not even know about. He had been drinking and fell asleep under a tree. The police officer woke him up and had him stand by a car. The officer came … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,766 satisfied customers
I live in California An aqaintence of a friend posted my
I live in California An aqaintence of a friend posted my phone number and a nude pic (not of myself) but as though it were to a gay porn site )I am female). I have received more than 100 text msgs, pi… read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,233 satisfied customers
my daughter got a dui (the super drunk) she did everything
my daughter got a dui (the super drunk) she did everything the court said paid all fines community service and classes. her car was equipted with a blow device. several months went by. her then boyfri… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,935 satisfied customers
JD1992 answered this question for me last night... Id like
JD1992 answered this question for me last night... I'd like to re-pose it as a new question with a request for a little more research, please: Last night, I was admittedly tipsy at home --I saw a Crai… read more
Sam
Sam
Attorney
Doctoral Degree
10,701 satisfied customers
Hi I had a bike stolen roughly 6 months ago and just last night
Hi I had a bike stolen roughly 6 months ago and just last night saw it on craigslist. It is really expensive (2500 dollars used) and not common, but I don't have the serial number. When I filed the po… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,935 satisfied customers
Ex-boyfriend has naked pictures of me he is threatening to
Ex-boyfriend has naked pictures of me he is threatening to send my friends/post on the Internet. We live in Texas. Is this blackmail?… read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
2,153 satisfied customers
Hi... on saturday, using my regular e-mail account, i posted
Hi... on saturday, using my regular e-mail account, i posted an ad on craigslists for my friend who is 24. She is looking for a boy-friend. The first guy to answer said he is a cop and that i'm in big… read more
Sam
Sam
Attorney
Doctoral Degree
10,701 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