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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?
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3/10/2018
LegalPro54
LegalPro54, Lawyer
Category: Criminal Law
Satisfied Customers: 13,879
Experience: I can provide detailed, thoughtful assistance to help you solve your legal problems.
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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.

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Customer reply replied 1 month 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.

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Customer reply replied 1 month 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.

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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.

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Customer reply replied 1 month 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.

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Hopefully this is more clear.

LegalPro54
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Category: Criminal Law
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Customer reply replied 1 month 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 1 month ago
also what other statues could this go under.
Customer reply replied 1 month 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.

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