The internet and cell phone technology have become a wonderful and widespread resource for singles (and others) looking to find a loving relationship. However, as federal attorneys and sex crime lawyers know, this form of dating is not without potential legal peril. If you or a loved one is engaged in internet dating or wireless communication, here are some tips that one must be made aware of:
Always KNOW the age of the person being communicated with : From a criminal sex crime attorney's perspective, this is the cardinal rule of internet dating communication. Lurking throughout cyberspace are agents of the federal government waiting to ensnare child predators looking to engage in illegal sexual activity. In the process of this activity, many ill suspecting individuals with an interest in lawful adult interaction can, if not extremely careful, face mandatory prison time. It is simply not a valid legal excuse to suggest to a federal crime attorney that, "she told me she was over 18," or that "she looked over 18 in her picture," to avoid becoming the target of a criminal prosecution.
How should I legally take my cyber relationship to the next level?
It is the responsibility of you, the internet or cell phone user to know through proven identification or strong circumstantial evidence to justify a reasonable belief that a potential mating partner is an adult. The moment an expressed desire hits the internet that one is actually seeking sexual desire from a child or more tragically one who wrongfully believes that he or she is engaged in sexual communication with an adult, you are at risk of severe criminal penalty. If there is ANY doubt as to whether the target of your desire is an adult, mandatory prison time may await you.
Unfortunately, it is not always clear to people who one may lawfully interact with. For example, in one unfortunate case, an adult man is now serving years in federal prison for the consensual exchange of sexual images over a cell phone, even where the female had reached the age of consent under state law.
In this legal nightmare for a federal defense attorney, although the man was aware that he was engaged in the exchange of his own sexual images with a willing partner who had reached the age of consent for such conduct in his state, it was not sufficient to shield him from federal prosecution. As the female in question was not 18 years of age, federal sex crime law was violated to find their own exchange of pictures of themselves in a state of nudity, although consensually made between lawful consenting partners under the state law, was a violation of federal child pornography law.
In conclusion, if using the internet or cell phone communication for dating purposes, including, but not limited to suggestive communication or the exchange of images, always be sure that you are engaging in lawful conduct with one at least 18 years of age to avoid potential federal prosecution. Although cyberspace is a wonderful environment to locate a future companion, please do so very carefully. A Federal crime court, and not your mother, could have a powerful say as to your dating selections.