Las Vegas, NV asked in Criminal Law, Family Law, Juvenile Law and Sexual Harassment for Utah

Q: can you take 30 year old male relative sending 15 year old niece naked photos from snap chat app, pictures weren’t saved

Niece is 15 and her cousin is 30 he has sent her pictures or his private part but it’s sent from Snapchat and the pictures weren’t saved. The whole conversation is saved but no pictures. In the conversation he does state he’s going to send it and also more than once, he states in one of the messages after she says “no” he states “why not you’ve seen it before” he’s also asking inappropriate questions like if she has masterbated before or if she knows what it feels like to get eaten out and than goes to explain what it is. I’m sorry if I’m giving too much information. I just need to know if we can take him to court and file some type of civil suit against him. We have a fb confession from him. I just need advice on how to pursue a case against him because she is not the first, we have another young lady who is 14 but is too afraid to go public about it. Pls any advice would be appreciate. We have conversations of him but no pictures which is why the police said they can’t arrest him

2 Lawyer Answers
Mike Branum
Mike Branum
Answered
  • Criminal Law Lawyer
  • Saint George, UT
  • Licensed in Utah

A: The short answer is yes, you can sue. You could file a suit claiming negligence, intentional infliction of emotional distress, etc. The real question is does the pervy cousin have assets worth the fight? If he owns a home, has a high-paying job, or there is some other asset which may be able to be seized; I would highly recommend the parents/guardians of the minor try to find an attorney who would be willing to represent them (the parents/guardians likely have a claim for the distress inflicted upon them due to the acts perpetrated upon their child). If the reprobate drives a Prius, lives in an apartment, and works in electronics at Best Buy; you would likely find it difficult to obtain counsel on a contingency fee basis.

Brent J Huff agrees with this answer

Brent J Huff
Brent J Huff
PREMIUM
Answered
  • Criminal Law Lawyer
  • Salt Lake City, UT
  • Licensed in Utah

A: You have described a crime. Crimes should be reported to law enforcement. Although private citizens can sue one another, the usually do so when there has been damages that can be converted into money. Unless you are looking for money, there might not be much reason to sue another person. If you are looking for a Court to hold a person accountable for illegal behavior, that's what the criminal justice system does.

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