justcuriousguys2015
New Member
- Jurisdiction
- Georgia
Hey guys,
Somebody I know made a grave mistake. This person (25-29 y/o for anonymity) was playing a game when a minor messaged him. This 25-29 y/o person has been struggling with depression for a while now, and must've enjoyed the attention as he replied back. The girl was a 14-15 year old and sent him a nude pic without him asking, coercing, or soliciting this action out of her. Well, it gets worse. He does not stop her from sending pictures, and even worse, ends up exchanging explicit pictures with her over a 1 month period. Shit hits the fan (her parents must've found out), and now he is being charged with Electronic Pornography and Sexual Exploitation of a Child. I know this person very well, and he is not capable of harming anybody. I truly believe his depression played a huge role in this event as he has lived in an alter "net" reality for a while now. He did not ask for the initial image, which I hope may lessen his grave penalty. What do you guys think are a possible outcome?
Child pornography plea deal results in probation
Could this particular case be used as a precedent? The defendant in this case coerced the minor (which my friend did not) over the course of 2 years (vs. 1 month in my friend's case). Additionally, the victim willingly sent my friend explicit images initially, and was not enticed to meet up, or anything like that, simple exchange of images and no coercion. Additionally, is Sexual Exploitation of a Child a charge that will likely land? He did not persuade, entice, or coerce the minor in sending the images, it was at the minor's discretion.
Could the minor be charged with dissemination of electronic pornography since she sent the initial image without his asking? Further, could this be used as a potential stepping stone to a plea deal? Could possession of child pornography + probation + registering as a sex offender be a possibility? Or do you think because he sent explicit images back, jail is definitely in his future? This person has no criminal history as he has never been arrested before. Some speeding tickets but that's it.
Thanks for any replies guys!
EDIT: I noticed under GA law, the minimum penalty is 5 years with a max of 20 for these 2 particular charges..so in the case above, what could've brought about a plea deal? Time? Money? Do you think registering as a sex offender could be something to consider to avoid jail time? What about potentially getting him treatment for his mental issues as part of an agreement? This person is definitely depressed as life has not gone the way he would like. Just trying my best to help him out in this tough situation, as I've known him for many years and know this was an acute lapse of judgement rather than a propensity to pursue minors. I find this case (I'm no lawyer so take this with a grain of salt) to be very black and white...images of a minor is possession..and sending her images would be obscenity to a minor..so is pleading not guilty even possible? Why not accept a plea deal to potentially avoid jail time? Is there even a chance of getting a deal w/o having to register as a sex offender & no jail time as he has no prior history? I'm so confident he will never do this again that I believe probation for life would be something he would agree to. This guy is truly a good guy who just made a grave mistake with a lapse of judgment...hopefully the courts can see this and understand he is not a likely reoffender and give him probation + felony child pornography possession. Thoughts?
Somebody I know made a grave mistake. This person (25-29 y/o for anonymity) was playing a game when a minor messaged him. This 25-29 y/o person has been struggling with depression for a while now, and must've enjoyed the attention as he replied back. The girl was a 14-15 year old and sent him a nude pic without him asking, coercing, or soliciting this action out of her. Well, it gets worse. He does not stop her from sending pictures, and even worse, ends up exchanging explicit pictures with her over a 1 month period. Shit hits the fan (her parents must've found out), and now he is being charged with Electronic Pornography and Sexual Exploitation of a Child. I know this person very well, and he is not capable of harming anybody. I truly believe his depression played a huge role in this event as he has lived in an alter "net" reality for a while now. He did not ask for the initial image, which I hope may lessen his grave penalty. What do you guys think are a possible outcome?
Child pornography plea deal results in probation
Could this particular case be used as a precedent? The defendant in this case coerced the minor (which my friend did not) over the course of 2 years (vs. 1 month in my friend's case). Additionally, the victim willingly sent my friend explicit images initially, and was not enticed to meet up, or anything like that, simple exchange of images and no coercion. Additionally, is Sexual Exploitation of a Child a charge that will likely land? He did not persuade, entice, or coerce the minor in sending the images, it was at the minor's discretion.
Could the minor be charged with dissemination of electronic pornography since she sent the initial image without his asking? Further, could this be used as a potential stepping stone to a plea deal? Could possession of child pornography + probation + registering as a sex offender be a possibility? Or do you think because he sent explicit images back, jail is definitely in his future? This person has no criminal history as he has never been arrested before. Some speeding tickets but that's it.
Thanks for any replies guys!
EDIT: I noticed under GA law, the minimum penalty is 5 years with a max of 20 for these 2 particular charges..so in the case above, what could've brought about a plea deal? Time? Money? Do you think registering as a sex offender could be something to consider to avoid jail time? What about potentially getting him treatment for his mental issues as part of an agreement? This person is definitely depressed as life has not gone the way he would like. Just trying my best to help him out in this tough situation, as I've known him for many years and know this was an acute lapse of judgement rather than a propensity to pursue minors. I find this case (I'm no lawyer so take this with a grain of salt) to be very black and white...images of a minor is possession..and sending her images would be obscenity to a minor..so is pleading not guilty even possible? Why not accept a plea deal to potentially avoid jail time? Is there even a chance of getting a deal w/o having to register as a sex offender & no jail time as he has no prior history? I'm so confident he will never do this again that I believe probation for life would be something he would agree to. This guy is truly a good guy who just made a grave mistake with a lapse of judgment...hopefully the courts can see this and understand he is not a likely reoffender and give him probation + felony child pornography possession. Thoughts?
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