Sexting and age This question is about sexting (a person sending a sexually explicit image of themself to a recipient by electronic means). When can the recipient get in trouble with the law if the person sending the naked picture is less than 18 years of age (for example 16)? It’s my understanding that if a person randomly emails or texts a naked picture of herself then the recipient isn’t automatically a criminal just because they are in possession of child pornography. If someone requests a nude photo from someone who is beneath the age of 18, does the fact that they requested make it so that they can be charged with child pornography? What if the sender lied about her age? For example: say Jane and Joe are friends. Joe is 21. Jane has told Joe she is 19 but is actually 16. If Jane sends Joe naked pictures of herself through Facebook chat, could Joe get in trouble? Does it matter if Joe asked for them or not? Can Joe do anything to legally make amends?
In NSW Australia this is covered by Division 15A of the Crimes Act 1900 which deals with Child Abuse Material. Under Section 91FA a &quot;child&quot; means a person who is under the age of 16 years - the situation you describe would be between consenting adults in NSW. “Child abuse material” can be text or images that are sexually explicit and would be “offensive” to a normal person (which means offensive to the particular jury) Assuming Jane is 15 or less, however, prima facie the image would be child abuse material and under Section 91H &quot;A person who produces, disseminates or possesses child abuse material is guilty of an offence.&quot; The punishment is up to 10 years in jail. Section 91H provides a number of defences, the most relevant to the circumstances you describe being: that the defendant did not know, and could not reasonably be expected to have known, that he or she produced, disseminated or possessed (as the case requires) child abuse material. that the material concerned came into the defendant’s possession unsolicited and the defendant, as soon as he or she became aware of its nature, took reasonable steps to get rid of it. (for possession only) If, considering all the circumstances of the relationship, Joe doesn't know and could not reasonably be expected to know Jane's age then he can use the defence under S91H(1). If he did not request the picture and as soon as he was aware of Jane's age, deleted it, then he can use the defence under S91H(2). The outcome is not so rosy for Jane: she is guilty of both production and dissemination of child abuse material and (assuming she knows how old she is) faces up to 10 years in jail (14 if she is under 14) and registration on the Sex Offenders List for life. It is admittedly unlikely in the circumstances that the state would prosecute her and, if they did, it is very likely that the judge would rule that no conviction be recorded.
Georgia Code § 40-5-24 says: Any resident of this state who is at least 15 years of age may apply to the department for an instruction permit to operate a noncommercial Class C vehicle. What is “age”? According to § 15-11-6, (a) Except as provided in subsection (b) of this Code section, a child attains a specified age the first second past midnight on the day of the anniversary of such child's birth. (b) A child born on February 29 attains a specified age on March 1 of any year that is not a leap year. So, you still have to wait until the 15th anniversary of your birth to apply for a permit.
I am not a lawyer either, though I have been through Pennsylvania a few times. The relevant law is 18 Pa.C.S. 5703, which prohibits recording without consent of all parties (Penna is a "two-party consent" state, like Florida and Washington). Unfortunately, violation of that law is a third degree felony, which has a maximum of 7 year prison. A specific instance of someone getting in trouble for recording their boss is Commonwealth v. Smith (Smith used a cell phone to record his boss, then argued that a cell phone isn't a "device"; the court determined that it is, and that was Feb 16 2016 so who knows the final outcome). An attorney in Pennsylvania might be able to tell you how often people actually serve time for violating the law. You should call one.
The Radiocommunications Agency (now OFCOM) issued some guidance about this in 2001. The specific offence is defined by s5 Wireless Telegraphy Act 1949: Any person who ... uses any wireless telegraphy apparatus with intent to obtain information as to the contents, sender or addressee of any message (whether sent by means of wireless telegraphy or not) of which neither the person using the apparatus nor a person on whose behalf he is acting is an intended recipient ... shall be guilty of an offence under this Act. It's also an offence under s5(1)(b)(ii) to disclose the contents of any such message, so the reception and disclosure of radio messages not sent by or addressed to you are both offences. I don't know if there have been any successful prosecutions specifically for monitoring aircraft communications. I doubt whether a hobbyist listening for his own enjoyment would attract the attention of the authorities, but if he started to publish recordings of the traffic then that might well do it.
We're missing a lot of facts that would help drive the analysis. The first question I'd ask was whether this was part of an actual or attempted sex offense. If that's the case, the suspect could be facing particularly serious charges. Other information is also missing, such as the drug involved, whether it's on the list of controlled substances, her knowledge of the drug, her relationship to the suspect, and so on. Still, based on the information we've got and the inferences we can make from them, I could reasonably see the following charges being filed: Sec. 12-3. Battery. (a) A person commits battery if he or she knowingly without legal justification by any means (1) causes bodily harm to an individual Sec. 12-3.05. Aggravated battery. (g) Offense based on certain conduct. A person commits aggravated battery when, other than by discharge of a firearm, he or she does any of the following: (1) Violates Section 401 of the Illinois Controlled Substances Act by unlawfully delivering a controlled substance to another and any user experiences great bodily harm or permanent disability as a result of the injection, inhalation, or ingestion of any amount of the controlled substance. (2) Knowingly administers to an individual or causes him or her to take, without his or her consent or by threat or deception, and for other than medical purposes, any intoxicating, poisonous, stupefying, narcotic, anesthetic, or controlled substance, or gives to another person any food containing any substance or object intended to cause physical injury if eaten. Sec. 12-4.5. Tampering with food, drugs or cosmetics. (a) A person who knowingly puts any substance capable of causing death or great bodily harm to a human being into any food, drug or cosmetic offered for sale or consumption commits tampering with food, drugs or cosmetics. Sec. 12-5. Reckless conduct. (a) A person commits reckless conduct when he or she, by any means lawful or unlawful, recklessly performs an act or acts that: (1) cause bodily harm to or endanger the safety of another person; or (2) cause great bodily harm or permanent disability or disfigurement to another person. Sec. 21-1. Criminal damage to property. (a) A person commits criminal damage to property when he or she: (1) knowingly damages any property of another Sec. 11-1.20. Criminal sexual assault. (a) A person commits criminal sexual assault if that person commits an act of sexual penetration and: (2) knows that the victim is unable to understand the nature of the act or is unable to give knowing consent; Sec. 11-1.30. Aggravated Criminal Sexual Assault. (a) A person commits aggravated criminal sexual assault if that person commits criminal sexual assault and any of the following aggravating circumstances exist during the commission of the offense or, for purposes of paragraph (7), occur as part of the same course of conduct as the commission of the offense: (2) the person causes bodily harm to the victim, except as provided in paragraph (10); (3) the person acts in a manner that threatens or endangers the life of the victim or any other person; (4) the person commits the criminal sexual assault during the course of committing or attempting to commit any other felony; (7) the person delivers (by injection, inhalation, ingestion, transfer of possession, or any other means) any controlled substance to the victim without the victim's consent or by threat or deception for other than medical purposes; Sec. 11-1.50. Criminal sexual abuse. (a) A person commits criminal sexual abuse if that person: (2) commits an act of sexual conduct and knows that the victim is unable to understand the nature of the act or is unable to give knowing consent. Sec. 11-1.60. Aggravated criminal sexual abuse. (a) A person commits aggravated criminal sexual abuse if that person commits criminal sexual abuse and any of the following aggravating circumstances exist (i) during the commission of the offense or (ii) for purposes of paragraph (7), as part of the same course of conduct as the commission of the offense: (2) the person causes bodily harm to the victim; (5) the person acts in a manner that threatens or endangers the life of the victim or any other person; (6) the person commits the criminal sexual abuse during the course of committing or attempting to commit any other felony; or (7) the person delivers (by injection, inhalation, ingestion, transfer of possession, or any other means) any controlled substance to the victim for other than medical purposes without the victim's consent or by threat or deception. Sec. 9-1. First degree Murder (a) A person who kills an individual without lawful justification commits first degree murder if, in performing the acts which cause the death: (2) he knows that such acts create a strong probability of death or great bodily harm to that individual or another; or (3) he is attempting or committing a forcible felony other than second degree murder. Sec. 9-3. Involuntary Manslaughter and Reckless Homicide. (a) A person who unintentionally kills an individual without lawful justification commits involuntary manslaughter if his acts whether lawful or unlawful which cause the death are such as are likely to cause death or great bodily harm to some individual, and he performs them recklessly Sec. 9-3.3. Drug-induced homicide. (a) A person commits drug-induced homicide when he or she violates Section 401 of the Illinois Controlled Substances Act or Section 55 of the Methamphetamine Control and Community Protection Act by unlawfully delivering a controlled substance to another, and any person's death is caused by the injection, inhalation, absorption, or ingestion of any amount of that controlled substance. Sec. 9-3.4. Concealment of homicidal death. (a) A person commits the offense of concealment of homicidal death when he or she knowingly conceals the death of any other person with knowledge that such other person has died by homicidal means. Sec. 9-3.5. Concealment of death. (b) A person commits the offense of concealment of death when he or she knowingly conceals the death of any other person who died by other than homicidal means.
This would be illegal in Australia (Criminal Code Act 1995 part 10.7: any unauthorised impairment of electronic communication to or from a computer), the US (Computer Fraud and Abuse Act) and any other jurisdiction that I can think of. There is no exception allowing vigilante action in case a person has a reasonable belief that the material on a website is offensive or illegal. In general, the law does not allow immunization against criminal prosecution in case the victim of an attack is himself a criminal. Only the government has the right to punish criminals.
The central legal question would be whether the minor has the capacity and authority to consent to a search: in the context of search law, the police would have to have a reasonable belief that both are the case. It is not reasonable to believe that an 8 year old can consent to a police search, that is, a child will most likely acquiesce to a request from the authorities to conduct a search. It is as reasonable to believe that a 16 year old can give actual consent as it is to believe that an 18 year old can consent. The law leaves the matter open for those under 18, to be determined by circumstances. The other consideration, applicable to younger children, is whether the child is authorized to open the house to outsiders. So in People v. Hoxter, 75 Cal. App. 4th 406, a 16 year old child invited police in, whereupon polices obtained plain sight evidence of drug offenses by the child's father. The court found that &quot;sufficient discretion certainly exists&quot; by that age. There are similar results in Saavedra v. State, 622 So. 2d 952 involving a 15 year old. In contrast, in Davis v. State, 422 S.E.2d 546, a 10 year old child who was home alone called the police to report drugs in the house. The search was invalidated because although the child's mother had given him permission to call for emergency assistance if he needed help, the child had no right, absent an emergency, to invite anyone into the house while he was alone there, much less into his parents' bedroom See also People v. Jacobs, 729 P.2d 757 involving an 11 year old, for extensive discussion of the question of &quot;joint control&quot; and authority to permit a search, citing US v. Matlock, 415 U.S. 164 there must be some objective evidence of joint control or access to the places or items to be searched which would indicate that the person authorizing the search has the authority to do so. The mutual use of the property must be such &quot;that it is reasonable to recognize that any of the co-inhabitants has the right to permit the inspection in his own right and that the others have assumed the risk that one of their number might permit the common area to be searched This article has a number of citations of relevant cases, which suggests a line for police searches somewhere around 13-14 years old. But also see Lenz v. Winburn, 51 F.3d 1540 for a permitted case of consent given by a 9 year old to a guardian ad litem: the court found a 4th Amendment issue and and concluded that the search was reasonable, holding that minors can give third party consent. Fourth Amendment rights, unlike rights attendant to due process, do not guarantee a fair and impartial determination of truth; rather, they protect the interest of the citizen &quot;to be let alone&quot;. Thus, the subject of a Fourth Amendment-violative search need not be aware of her right to refuse to give knowing and voluntary consent. However, the circumstances surrounding the consent must demonstrate that it was voluntarily given, free of duress or coercion.
I very much suspect she is in right to 1) no receive promotion emails anymore, 2) Have them close the account again and 3) have them delete her pictures. No, she does not have those rights. She agreed to a legally binding contract when she signed up for the service when she clicked "OK" to open the account. That contract outlines her "rights," as you call them, and they can be very different from what you assume to be ethical and moral bounds to a business relationship. What you imagine to be fair business practices could be generally regarded as fair and normal consumer relations; but that's not necessarily what may be in the contract. What she agreed to in the Terms of Service (TOS) could be some form of long term licensing of her photos to the service, and that could be why they won't delete the photos and why she can't delete them in bulk. The TOS states the terms of the promo emails she agreed to receive. Read the TOS; everything will be outlined. The company is in no way obligated to make life easy for her or change the contract to appeal to her; she agreed to everything, including downloading all her photos. If she didn't read the TOS and feels they copied all her photos "without her knowing", that's her fault. It's possible that the company is breaking consumer protection laws with some of their practices, but you'll need to read Canada consumer laws and see if they require ease of use, permanent op-out of emails, etc. I doubt the company would be flagrantly violating consumer law.