• Sexting a minor without knowing her age

Hi,

Need advice. Being a frequent online user, would like to know the following.

Is sexting a girl (based out of US) from India, without knowing her age a crime?

If a person had an explicit text chat (online) with a girl who reasonably seemed like 18+ with a mutual consent. Later the girl informs about her age that shows that she is a minor - post which there is absolutely no such exchange. Is there any legal implications applied on the boy here in India? Would it be a trouble for the guy if he visits US at some later stage of time?

Please let me know a detailed view of the consequences in and outside India. Thanks.
Asked 1 month ago in Criminal Law from Bangalore, Karnataka
Religion: Hindu
an adult who receives  a nude or sexual image of a child under the age of 18 can be charged with possessing  child pornography.

2) adults convicted of child pornography offenses are required to register as sex offenders. Sex offenders must provide their personal information to police officers, who may make the information public.

3) n the United States, anyone who is involved in the electronic distribution of sexual photos of minors can face state and federal charges of child pornography. The laws disregard the consent of parties involved."...regardless of one’s age or consent to sexting, it is unlawful to produce, possess, or distribute explicit sexual images of anyone under 18. 
Ajay Sethi
Advocate, Mumbai
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1. In so far as the consequences within US are concerned you need to consult a US based lawyer as lawyers in India would not know the US law and vice-versa.

2. Under the Indian law this would invite a prosecution for the offence of outraging the modesty of a woman  irrespective of her age. I do not expect the legal position to be any different in US.
Ashish Davessar
Advocate, Jaipur
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449 Consultations
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it was your duty to verify the girl age 

2) even if she chatted with you by mutual consent it was your duty to ask her for her identity proof that she was not a minor 

3/) merely because girl reasonably looked over 18 and chatted with you is no defense 

4)you would be registered as sex offender in USA 

5) s she is only minor  receipt of such images would almost certainly constitute possession of child pornography, which is quite illegal. 
Ajay Sethi
Advocate, Mumbai
23363 Answers
1222 Consultations
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1. Ideally, before s*xting her, you should have asked her age.

2. If you have got her ID from a portal meant for adult friendship wherein disclaimer has clearly been shown, then you will escape any charge for s*xting with a minor.

3. If it is a crime, you have committed it while being in India where Indian Act is applicable.

4. You can not be prosecuted as per USA Law for your act which was committed within the jurisdiction of Indian Law.
Krishna Kishore Ganguly
Advocate, Kolkata
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If a person had an explicit text chat (online) with a girl who reasonably seemed like 18+ with a mutual consent. Later the girl informs about her age that shows that she is a minor - post which there is absolutely no such exchange. Is there any legal implications applied on the boy here in India? Would it be a trouble for the guy if he visits US at some later stage of time?

If there is no complaint by the girl involved in the inter chating about this nor there is any offence committed subseuently, here can be no problem since there is no complaint made agaisnt it. 
Do not continue after knowing her age and to be a minor.
T Kalaiselvan
Advocate, Vellore
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The disclaimer would protect the boy in India as the girl was not supposed to join it in the first place if she was under 18. Be that as it may, if the case is registered in US it will not have any consequences here but he may be added to the watchlist in US records, which may result in his arrest when he lands in US or it may result in rejection of his US visa. 
Ashish Davessar
Advocate, Jaipur
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449 Consultations
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1) on girl registering case in USA you  can be charged with possessing  child pornography.

2) the defence that can be raised is that you had asked her for her identity proof and she has produced   fake identity card that she was over 18 years of age 

3) if you did not verify her age and merely went on her word you would be in trouble 

4) please note that  adult website do not carry out age verifcation of the members .

5) there i s generally a disclaimer clause  on the website wherein it is mentioned that it would not be liable for information or contents on the website 

6) in india the punishment for a first offence of publishing, creating, exchanging, downloading or browsing any electronic depiction of children in "obscene or indecent or sexually explicit manner" can attract five years in jail and a fine of Rs 10 lakh.

7) Section 67B  punish involvement in sexually explicit online or electronic content that depicts children  for purpose of this section  "children" means a person who has not completed the age of 18 years.

Ajay Sethi
Advocate, Mumbai
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1. The portal is for surfers of age 18 years and above as has been clearly mentioned in the disclaimer.

2. While entering in to the portal and getting registered therein, she has certainly mentioned that she is above 18 years of age.

3. From your side, you were naturally made aware by the portal that their site is for people of more than 18 years of age.

4. After being so informed by the site that it is for people of more than 18 years of age, you have entered there and chose to chat with another member who you naturally considered as a lady of more than 18 years of age.

5. You s*xtexed with her knowing her to be of more than 18 years of age and such chat was consensual.

6. If the girl has given a false statement that she is of more than 18 years of age when she is a minor, then it is not you who is responsible for her giving such false statement resulting in to your opting to chat with her.

7. Under no law of any Country you can be held responsible for the stated act of yours.
Krishna Kishore Ganguly
Advocate, Kolkata
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233 Consultations
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