1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

21 yearold texting sexual messages to 15 year old Computer Crimes, Hacking

Discussion in 'Criminal Charges' started by devonkali, Sep 25, 2007.

Thread Status:
Not open for further replies.
  1. devonkali

    devonkali Law Topic Starter New Member

    Likes Received:
    Trophy Points:
    I just found text messages from a 21 year old male on my 15 year old daughter's phone. The messages were very explicit sexually. He lives in Texas, we live in Arkansas, but just moved from Texas in August. My daughter knows I do not approve of the relationship because of the age difference. What do I need to do to stop these?

    I have also found were she has been asking questions on the internet about how to tell if you are pregnant and at what age you must be to elope.

    I have heard that in Texas it is illegal to even include these types of things in a conversation with a minor.
  2. cbg

    cbg Super Moderator

    Likes Received:
    Trophy Points:

    Taking away your daughter's phone comes to mind.
  3. Michael Wechsler

    Michael Wechsler Administrator Staff Member

    Likes Received:
    Trophy Points:

    LOL, cbg. That's a good one and possible not such a bad idea. There is an easier way to get him to stop. Text him from your daughter's phone telling him that you have recorded these text messages and that any further messages from him to this mobile phone will result in you calling the police and reporting his illegal conduct.

    With regard to what your daughter wrote... you've got a lot more than this to deal with. You may want to confront your daughter about whether she is pregnant. If she is, then you may want to consider what your options as now it's serious. I'll post for you some relevant Texas Law that I found regarding SMS and online communications.
  4. Michael Wechsler

    Michael Wechsler Administrator Staff Member

    Likes Received:
    Trophy Points:



    § 33.01. DEFINITIONS. In this chapter:
    (1) "Access" means to approach, instruct, communicate with, store data in, retrieve or intercept data from, alter data or computer software in, or otherwise make use of any resource of a computer, computer network, computer program, or computer system.
    (2) "Aggregate amount" means the amount of:
    (A) any direct or indirect loss incurred by a victim, including the value of money, property, or service stolen or rendered unrecoverable by the offense; or
    (B) any expenditure required by the victim to
    verify that a computer, computer network, computer program, or computer system was not altered, acquired, damaged, deleted, or disrupted by the offense.
    (3) "Communications common carrier" means a person who owns or operates a telephone system in this state that includes equipment or facilities for the conveyance, transmission, or reception of communications and who receives compensation from persons who use that system.
    (4) "Computer" means an electronic, magnetic, optical, electrochemical, or other high-speed data processing device that performs logical, arithmetic, or memory functions by the manipulations of electronic or magnetic impulses and includes all input, output, processing, storage, or communication facilities that are connected or related to the device.
    (5) "Computer network" means the interconnection of two or more computers or computer systems by satellite, microwave, line, or other communication medium with the capability to transmit information among the computers.
    (6) "Computer program" means an ordered set of data representing coded instructions or statements that when executed by a computer cause the computer to process data or perform specific functions.
    (7) "Computer services" means the product of the use of a computer, the information stored in the computer, or the personnel supporting the computer, including computer time, data processing, and storage functions.
    (8) "Computer system" means any combination of a computer or computer network with the documentation, computer software, or physical facilities supporting the computer or computer network.
    (9) "Computer software" means a set of computer programs, procedures, and associated documentation related to the operation of a computer, computer system, or computer network.
    (10) "Computer virus" means an unwanted computer program or other set of instructions inserted into a computer's memory, operating system, or program that is specifically constructed with the ability to replicate itself or to affect the other programs or files in the computer by attaching a copy of the unwanted program or other set of instructions to one or more computer programs or files.
    (11) "Data" means a representation of information, knowledge, facts, concepts, or instructions that is being prepared or has been prepared in a formalized manner and is intended to be stored or processed, is being stored or processed, or has been stored or processed in a computer. Data may be embodied in any form, including but not limited to computer printouts, magnetic storage media, laser storage media, and punchcards, or may be stored internally in the memory of the computer.
    (12) "Effective consent" includes consent by a person legally authorized to act for the owner. Consent is not effective if:
    (A) induced by deception, as defined by Section 31.01, or induced by coercion;
    (B) given by a person the actor knows is not legally authorized to act for the owner;
    (C) given by a person who by reason of youth, mental disease or defect, or intoxication is known by the actor to be unable to make reasonable property dispositions;
    (D) given solely to detect the commission of an offense; or
    (E) used for a purpose other than that for which the consent was given.
    (13) "Electric utility" has the meaning assigned by Section 31.002, Utilities Code.
    (14) "Harm" includes partial or total alteration, damage, or erasure of stored data, interruption of computer services, introduction of a computer virus, or any other loss, disadvantage, or injury that might reasonably be suffered as a result of the actor's conduct.
    (15) "Owner" means a person who:
    (A) has title to the property, possession of the property, whether lawful or not, or a greater right to possession of the property than the actor;
    (B) has the right to restrict access to the property; or
    (C) is the licensee of data or computer software.
    (16) "Property" means:
    (A) tangible or intangible personal property including a computer, computer system, computer network, computer software, or data; or
    (B) the use of a computer, computer system, computer network, computer software, or data.

    § 33.021. ONLINE SOLICITATION OF A MINOR. (a) In this section:
    (1) "Minor" means:
    (A) an individual who represents himself or herself to be younger than 17 years of age; or
    (B) an individual whom the actor believes to be younger than 17 years of age.
    (2) "Sexual contact," "sexual intercourse," and "deviate sexual intercourse" have the meanings assigned by Section 21.01.
    (3) "Sexually explicit" means any communication, language, or material, including a photographic or video image, that relates to or describes sexual conduct, as defined by Section 43.25.
    (b) A person who is 17 years of age or older commits an offense if, with the intent to arouse or gratify the sexual desire of any person, the person, over the Internet or by electronic mail or a commercial online service, intentionally:
    (1) communicates in a sexually explicit manner with a minor; or
    (2) distributes sexually explicit material to a minor.
    (c) A person commits an offense if the person, over the Internet or by electronic mail or a commercial online service, knowingly solicits a minor to meet another person, including the actor, with the intent that the minor will engage in sexual contact, sexual intercourse, or deviate sexual intercourse with the actor or another person.
    (d) It is not a defense to prosecution under Subsection (c)
    (1) the meeting did not occur;
    (2) the actor did not intend for the meeting to occur; or
    (3) the actor was engaged in a fantasy at the time of commission of the offense.
    (e) It is a defense to prosecution under this section that at the time conduct described by Subsection (b) or (c) was committed:
    (1) the actor was married to the minor; or
    (2) the actor was not more than three years older than the minor and the minor consented to the conduct.
    (f) An offense under Subsection (b) is a state jail felony, and an offense under Subsection (c) is a felony of the third degree, except that an offense under Subsection (b) or (c) is a felony of the second degree if the minor is younger than 14 years of age or is an individual whom the actor believes to be younger than 14 years of age.
    (g) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section, the other law, or both.

    § 33.03. DEFENSES. It is an affirmative defense to prosecution under Section 33.02 that the actor was an officer,
    employee, or agent of a communications common carrier or electric utility and committed the proscribed act or acts in the course of employment while engaged in an activity that is a necessary incident to the rendition of service or to the protection of the rights or property of the communications common carrier or electric utility.

    § 33.04. ASSISTANCE BY ATTORNEY GENERAL. The attorney general, if requested to do so by a prosecuting attorney, may assist the prosecuting attorney in the investigation or prosecution of an offense under this chapter or of any other offense involving the use of a computer.

Share This Page

Thread Status:
Not open for further replies.