Asked in Criminal Law

Q: recently i talked to a girl on omegle and she said she was of 18 years. we sexted and exchanged images and videos.

when i saw her videos and body, i thought she was a young looking adult cause her body was fully mature. But then she told me about school, so i asked her to tell honestly and she told me she was 12. I felt really guilty. we texted through Kik. She said she was sorry for lying but did not want to blackmail or anything cause she said she consented for it. Can i be charged criminally for this? After that we did talk and we decided to stop everything and I did ask her to get help too. She is in America, but i am way far away from america.

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1 Lawyer Answer
Elena Fast
Elena Fast
  • Criminal Law Lawyer
  • New York, NY

A: Yes, unfortunately you can be criminally charged. Age of consent differs state by state. I do not know where you are located, but if she's 12 exchanging and possessing naked or sexual images of her is most likely a crime in your state. It is a crime under New York Law. New York is a strict liability state- meaning, it doesn't matter whether you knew her real age. Possession or distribution of sexual images of anyone under 18 is a federal crime as well. You should consult an experienced criminal defense attorney in your state for further guidance.

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