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If someone who is 14 is forced to send nudes and have sex…

Customer Question
if someone who is 14...
if someone who is 14 is forced to send nudes and have sex with someone who is 16, in washington who would get in trouble?
Submitted: 11 months ago.Category: Family Law
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Customer reply replied 11 months ago
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
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8/6/2017
Family Lawyer: Zoey, JD, Lawyer replied 11 months ago
Zoey, JD
Zoey, JD, Lawyer
Category: Family Law
Satisfied Customers: 31,412
Experience: 18 years of litigation experience.
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Hi,

I'm Zoey.

I've reviewed your post. Please be patient as I may need to research for you, and it also takes time to compose and type a reply.

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Family Lawyer: Zoey, JD, Lawyer replied 11 months ago

Both of them could be charged with a crime as it is unlawful to send these photos and unlawful to receive them. If, however, the 14 year old was forced to send them, he may be able to avoid prosecution.

Here's the statute the two of them violated.

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Customer reply replied 11 months ago
what if it doesn't have her face in it?
Family Lawyer: Zoey, JD, Lawyer replied 11 months ago

You're both still sending nudes to a minor. It doesn't matter whose nudes they are.

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Customer reply replied 11 months ago
but how would they know that it's her?
Family Lawyer: Zoey, JD, Lawyer replied 11 months ago

It doesn't have to be her. It is illegal for minors to possess pornography. Period. If you are found to be sending it to each other, regardless of whose photos they are, it would be unlawful for you both.

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Customer reply replied 11 months ago
should i just file a police report so the police can get a warrant and look through his phone to find everything?
Family Lawyer: Zoey, JD, Lawyer replied 11 months ago

Yes. If you want to report him and have him prosecuted, the police will need a warrant to see the contents of his cell phone.

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Customer reply replied 11 months ago
if he deleted it or has it in an app with a private password ***** they still be able to find it?
Family Lawyer: Zoey, JD, Lawyer replied 11 months ago

Sorry for the delay. I turned off my computer for the night before the reply.

I can't answer that question with certainty. There are ways of recovering deleted computer data, but they do not always work. So all I can say is that it's possible they can find what was in the app. They can certainly get his password ***** because they could supboena it.

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Customer reply replied 11 months ago
does someone under the age of consent in washington state get in trouble for doing sexual stuff with someone over the age of consent?
Family Lawyer: Zoey, JD, Lawyer replied 11 months ago

Generally, no. The adult is the one who will get in trouble. Note though, that if we're talking here about a 14 and a 16 year old communicating online, neither is over the age of consent, which is 18 when it's online and not in person.

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Family Lawyer: Zoey, JD, Lawyer replied 11 months ago

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

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