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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118788
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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A 14 year old boy text my 14 yr old daughter a naked picture

Customer Question

A 14 year old boy text my 14 yr old daughter a naked picture of himself and he never got into any trouble with the school or police. Can I file some type of civil lawsuit? The police are already aware of it and the boys Dad is on the police force. Nothing has been done and it seems very shady. My daughter is getting the book thrown at her and was suspended from school for it, but nothing happened to him. What can I do?...because I think this boy should be on trouble. Thank you.
Submitted: 2 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Unfortunately, there is no civil suit you can file for this because not only did the boy violate the law by sending the picture, your daughter did as well by keeping the picture and not immediately deleting it.
This is a violation of the law and "sexting" has been held to be child pornography when done by minors. Thus, the boy could be guilty of distribution of child pornography and she could be guilty of possession of child pornography. However, criminal charges are solely at the discretion of the DA or US Attorney, NOT THE POLICE. So if the police did nothing with this, you have a right to go to the local District Attorney and seek to have them pursue criminal charges (being aware that they could charge your daughter for possession as well as the boy) or you can also go to the FBI who will bring the case to the US Attorney. However, any criminal charges are at their discretion and if the DA and US attorney refuse to do anything, then there is no other case you can bring.