Nude pictures

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Latest post 12-14-2011 11:26 PM by Ford. 2 replies.
  • 12-06-2011 10:59 AM

    • hellotina
      Consumer
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    • Joined on 12-06-2011
    • NY
    • Posts 1

    Nude pictures

    I'm writing to see if I have a case and if I can do anything about this situation. (I will be using fake names for privacy reasons.) Cathy has pictures of Grace topless, and it was taken while Grace was passed out from being drunk at Cathy's boyfriends house. Grace was 16 years old at the time. Cathy is accusing my boyfriend of taking those pictures along with other pictures. Cathy has these pictures saved on her phone and computer. I know that my boyfriend wouldn't do this, because Cathy has a history of taking pictures. She took pictures of me when I was wearing a v-neck and I told her to delete the pictures, but she would say later and then ignore me. At the time, I was 17. (This happened last year.)

    Cathy sent the pictures of Grace to me through text. The pictures don't include Grace's face so I'm worried that it can't be confirmed that these are pictures of a child. Grace is too far away to confirm that it's her and there's no way she can come back just to confirm it. Can Cathy be charged with possesion of child pornography?

    Another thing I'm worried about is that I will be charged with posseision of child pornography because Cathy sent me these pictures.

     

    More details:

    Grace and I ran away last year for two weeks due to personal reasons, and we stayed at Cathy's boyfriends house (21). They offered us alcohol, and Grace got drunk and during that time period, the picture was taken. (Cathy is 19 years old.)

     

    I'm sorry if this doesn't really make sense; my thoughts are scattered and unorganized. I'm stressing out because of this situation.

    Thank you in advance for your input.

     

  • 12-06-2011 11:03 AM In reply to

    Re: Nude pictures

    hellotina:
    Can Cathy be charged with possesion of child pornography?

    That and more.  She could also be charged with manufacturing and distributing it.

    hellotina:

    Another thing I'm worried about is that I will be charged with posseision of child pornography because Cathy sent me these pictures.

    Yes.  Hopefully you deleted them as soon as you realized what it is.  You need to block Cathy or change your phone number and email.  This is NOT someone you want to be involved with.

    "That's just my opinion, then again I might be wrong."  Dennis Miller

     

  • 12-14-2011 11:26 PM In reply to

    Re: Nude pictures

    Cathy's penchant for taking pictures does NOT exclude the possibility that your boyfriend took the pictures.  That logic doesn't fly.

    You can be charged with a crime if "probable cause" exists to believe the crime occurred and you did it.  The state has to prove it beyond a reasonable doubt ONLY at trial.

    The pictures aren't the only possible evidence.  Other people could have been present who could corroborate that the pictures are the juvenile.

    YOU are in a pickle because you apparently have evidence of a possible crime on your phone.  You normally can't just destroy evidence of a crime.  You likely don't want to take this to the authorities since you cannot KNOW your boyfriend didn't take the pics and going to the authorities might implicate him in a crime.  And since this is an alleged crime against a juvenile, it is possible you have a legal duty to report it to law enforcement, regardless of any consequences for your boyfriend.

    Amazingly enough, the only good answer here is that you should probably consult an attorney.  Criminal law is different in each state.  Your duties under the law are based mostly in state law.  I don't know if any attorneys from NY are on the boards.

    Federal law is also implicated here.

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