Legal Question in Technology Law in Florida

Cybersex(webcam)

If a guy um... masturbates on cam for me and it turned out he wasn't 19 like he told me could I get in trouble?


Asked on 6/11/09, 1:27 am

1 Answer from Attorneys

Sarah Grosse Sarah Grosse, Esquire

Re: Cybersex(webcam)

Yes, if the guy is a minor.

18 USC 2252. To knowingly send, receive, possess, or distribute, including by computer, a visual depiction of a minor engaged in sexual activity is a crime punishable by 5-20 years in prison.

Note the following: 1. you do not have to KNOW he was a minor, you only have to knowingly receive the material; 2. you can get in trouble even if you are a minor too; and 3. he can get in trouble also for sending the material.

An Affirmative defense under the statue to possession of less than 3 such materials is, if the defendant promptly and in good faith, without allowing anyone else to see the material, took reasonable steps to destroy the material or reported the matter to law enforcement.

If you believe you have violated this statute, please consult with a criminal defense attorney who will help you determine how to proceed.

Good luck!

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Answered on 6/11/09, 6:39 am


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