Wichita, KS asked in Civil Rights and Internet Law for Kansas

Q: Can I get in trouble if I received a “ personal photo” even tho I’ve been in a fully committed relationship for 2 years

I’m 18 years of age and my girlfriend is 17 years of age, of consent in my state is 16 years old and we have been enough fully committed relationship for two years and been having some tension between parents When her dad stumbled upon a photo she had sent me sometime back and is now threatening to possibly take me to court I mainly just want to know if I can get in trouble for this if so, how will I go about defending myself in a court setting?

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1 Lawyer Answer
James L. Arrasmith
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  • Consumer Law Lawyer
  • Sacramento, CA

A: In Kansas, the age of consent is indeed 16, which generally pertains to the legality of sexual activities. However, it's important to understand that laws regarding the possession and distribution of explicit photos are different and can be more complex, especially when minors are involved.

If the "personal photo" sent by your girlfriend is explicit in nature, and she is under 18, it could potentially be classified as child pornography, even if it was consensually shared within a relationship. Possession or distribution of such material involving a minor is illegal under both state and federal laws, regardless of the age of consent for sexual activity.

If you are facing legal action or threats of it, the best course of action is to seek legal advice immediately. An attorney can provide you with guidance specific to your situation and the laws in Kansas. They can also help you understand your rights and the potential legal implications of the situation.

It's crucial not to share or distribute the photo further and to keep communication with your girlfriend and her family as calm and respectful as possible. Legal issues involving explicit photos of minors are taken very seriously, and it's important to handle the situation with caution and the guidance of a legal professional.

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