Brooklyn, NY asked in Criminal Law for New York

Q: I am 16 no prior criminal record and live in NY.Can i get jail time for dissemination of intimate photo?

I am 16 no prior criminal record and live in NY. The video was of my ex and she accused me of spreading it around the school, I sent it to 1 person only and it was my cousin back then in July. Me and her broke up in october and I deleted everything after. She got a new boyfriend and let’s say his name is angel. My friend who has the video sent it to 1 other friend and he sent it to angel who told My ex about it and her brother overheard the conversation, after that he went to their moms and told her and she pressed charges immediately.I still have everything deleted and never spread it and told them to delete it.

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1 Lawyer Answer
Marco Caviglia
Marco Caviglia
Answered
  • Criminal Law Lawyer
  • Lagrangeville, NY
  • Licensed in New York

A: If the victim is under 17 years of age, and it included sexual conduct, it constitutes a sexual performance of a child and exposes the inducer of such performance to prosecution for a class C felony, which is very, very serious. Sending it, and everyone after that who sends it, has exposure to being charged with a D felony. That the inducer, creator, or sender is "only" 16 years of age is no defense. As these are considered sex offenses, they are often far more punitive in sentencing than felonies similarly classified. You should seek legal counsel.

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