Legal Question in Technology Law in Illinois

is cyber sex legal?

Is cyber sex along with exchanging explicit photos of each other online legal? Both parties were way over 18 years of age. Ages of each other were always asked, and the answers were always over the legal age of consent. Even if someone misrepresented themselves as adults while actually being a minor, was any crime KNOWINGLY commited? Doesn't the biggest problem with this type of activity occur when one person KNOWS the other party is a minor and continues on anyway? If a woman told me shes 40 years old, did I commit a crime? It was obvious by photos exchanged, that all parties were adults.


Asked on 2/27/07, 11:30 am

1 Answer from Attorneys

Curt Handley, Esq. Law Office of Curt Handley

Re: is cyber sex legal?

In the circumstances you've described, my opinion would be that no crime was committed. However, your concern regarding the age of the participants is justified as many statutes do not regard misrepresentation of age a valid defense, absent other mitigating circumstances.

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Answered on 2/27/07, 11:52 am


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