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  #1  
Old 02-13-2018, 02:33 PM
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Default Question regarding child porn situation (NOT DEE RELATED!)

Okay, so of course I've been posting here for years about Dee and our relationship and experiences and the women we've connected with that she's been incarcerated with over the years.

This post is much different. And a bit of a serious matter.

My kids have a half brother (not my son.) He's in his teens (minor.) His mother called me in a bit of a panic this morning and asked me what to do.
Without giving away too many case specifics, here's the gist of what he's being accused of.

Possession and distribution of child pornography (single image.)

I have advised his mother that she needs to get all available documentation and get an attorney consult. Fortunately he was released to her and doesn't have to sit in juvie awaiting anything. But this became a school-related issue so we have no idea what is going to happen there.

Just...very intense.

Aside from the obvious "consult with an attorney" (although if you can think of a specialist-type that we might want to look at that would be appreciated,) does anyone have any insights as to this sort of charge? Has anyone here been through this that can share outcomes? I'm still getting information about what happened myself...I will limit what I share here since it is an open case, but I want to gather and share as much information as I can.

Thanks.

-E
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  #2  
Old 02-13-2018, 03:46 PM
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Over recent years this has been a problem for a lot of people as teens do this "sexting", all the time not realizing it's against the law. I wish I had some encouraging words but I don't. I just am so sorry for anyone who has to. Good luck, I hope someone comes along with some help.
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Old 02-13-2018, 04:33 PM
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Im sorry yall are going through this.....this is the first incident that I have heard of with actual charges. From what I have heard, 2 minors...it is usually turned over to parents. Unfortunately it is very common with teens that have no idea the implications. Praying that it can be worked out to the best outcome for all.
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Old 02-13-2018, 05:10 PM
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Im sorry yall are going through this.....this is the first incident that I have heard of with actual charges. From what I have heard, 2 minors...it is usually turned over to parents. Unfortunately it is very common with teens that have no idea the implications. Praying that it can be worked out to the best outcome for all.
It might ultimately come down to that....this was a book-and-OR-bailout situation (released to parent.) He has to appear in court in 2 months. The officer his mother spoke to indicated that she felt that the issue was resolvable based on his track record and candidness about the situation, indicating that they wrote the report in a way would put the situation in a more favorable light based on the facts of the situation and his lack of a prior record, but that it was going to be up to the DA whether or not they would purse it. I encouraged his mother to get a copy of the police report and any school-related reports and consult an attorney.

I wish I could disclose more, but obviously, I've seen too many situations over the years here where people have maybe disclosed too much, and situations where people have posted details of criminal actions or case details on the internet (not necessarily here but obviously this forum is publicly viewable and it could happen) and it has been detrimental to their defense. I may share more as appropriate, or upon conclusion of the case.
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Old 02-13-2018, 08:40 PM
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I'm so sorry to hear about this. Sometimes teens are just stupid and don't understand the full implications of what they've done. There have been various teen sexting incidents in my suburb and surrounding suburbs and every time there have never been any police charges, and the kids have been pretty damn lucky to get off the hook. There have been girls sending nude pics of themselves as young as 8th grade to a boy, and then the boy sending the pics to other people. It happened 4 years ago, and then happened again this year with a girl (I can't remember how old that one was), but every time it happens, it's a "teachable moment" in our house.

Having said that, your story reminding me of one I remember reading about last year in a western suburb. It is a very sad story because the school did nothing to help the student other than bully him. This is known as a very good school district so it is appalling what they did and I'm showing you the link so that the mother of this boy can have a talk with him to let him know that there are people there that care about him and that no matter how bad things get, they are never bad enough for him to hurt himself. This story broke my heart because at the time I had 4 teenagers and it would kill me if this happened. This school district bullied the kid into thinking something was going to happen that wasn't. I'm not saying that is what is going on in this situation either, however, he has a right to feel safe and loved which is why I'm sharing it. I hope he has a chance to learn from whatever mistake he made if it was just a stupid teenage mistake.

http://www.dailyherald.com/news/2017...ry-for-schools
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Old 02-15-2018, 12:54 PM
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Appreciate the feedback so far.

Last night my kids' mom sat down with an attorney to find out his thoughts and the range of possibilities.

Apparently he has a contact in the DA's office that he's going to get in touch with to see if he can get any insights or clarity. He hasn't been formally hired for the case (since nothing's filed yet) but he is on a retainer and is doing some background work for a nominal fee.

The range could be anywhere from they decide to not pursue the case all the way to a juvenile detention facility and lifetime registry. Obviously, the lifetime registry is the biggest worry because of the restrictions that would come with it.

I think what worries me the most about lifetime registry, because of the crime, is that he lives in the same place as my kids. And no, I absolutely DO NOT have a problem with him being around my kids. He's a great brother to them, they absolutely admire him, he is great with them. But it obviously could become, legally, a problem for them to share a residence. I guess I'm concerned, if it came to that, that either he would have to live somewhere else, or my kids would have to come live with me. Which is fine...I have no problem with my kids living with me, although it would certainly change quite a few things in my life. But just the impact it would have on all of them.....

I guess that's another reason I would want insight on the situation...and maybe questions about that would be better-suited for the sex offender-related areas of this site? I don't know.....

A lot to learn right now. He's a good kid. But sometimes good kids do stupid things. And that's what is being alleged right now.
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Old 02-15-2018, 05:32 PM
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Quote:
Originally Posted by missingdee View Post
Okay, so of course I've been posting here for years about Dee and our relationship and experiences and the women we've connected with that she's been incarcerated with over the years.

This post is much different. And a bit of a serious matter.

My kids have a half brother (not my son.) He's in his teens (minor.) His mother called me in a bit of a panic this morning and asked me what to do.
Without giving away too many case specifics, here's the gist of what he's being accused of.

Possession and distribution of child pornography (single image.)

I have advised his mother that she needs to get all available documentation and get an attorney consult. Fortunately he was released to her and doesn't have to sit in juvie awaiting anything. But this became a school-related issue so we have no idea what is going to happen there.

Just...very intense.

Aside from the obvious "consult with an attorney" (although if you can think of a specialist-type that we might want to look at that would be appreciated,) does anyone have any insights as to this sort of charge? Has anyone here been through this that can share outcomes? I'm still getting information about what happened myself...I will limit what I share here since it is an open case, but I want to gather and share as much information as I can.

Thanks.

-E
This type of charge can have very many out comes. First thing that needs to be established. Where are these images coming from? If they are obtaining these from the internet the source needs to be revealed and dismantled. If this individual is taking them with their own cell phone There is a whole list of legal issues that could arise . You may want to read CA. P.C. 311.11 about possession and distribution of child pornography . I also suggest that you review the entire CA. P.C. CHAPTER 7.5. Obscene Matter [311 - 312.7] On the other hand this person needs strict supervision when using the internet. Plus needs to understand that this type of material(s) and possession isn't just being kid. There are plenty of other forms of nudity that is legal and acceptable on the net.
Worse case out come here . Year in the county as long as other sections do not come in to play. Being a minor looking at minimum some type of formal probation with counseling being a condition of probation.
These type of situation can turn ugly quickly if this person gets deeper involved with this type of material and the age of the victims get younger. Hopefully a good scare of what could happen will detour this person from going any deeper in this type of material.
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Last edited by Patrickj; 02-15-2018 at 05:35 PM..
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Old 02-15-2018, 05:35 PM
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This type of charge can have very many out comes. First thing that needs to be established. Where are these images coming from? If they are obtaining these from the internet the source needs to be revealed and dismantled. If this individual is taking them with their own cell phone There is a whole list of legal issues that could arise . You may want to read CA. P.C. 311.11 about possession and distribution of child pornography . I also suggest that you review the entire CA. P.C. CHAPTER 7.5. Obscene Matter [311 - 312.7] On the other hand this person needs strict supervision when using the internet. Plus needs to understand that this type of material(s) and possession isn't just being kid. There are plenty of other forms of nudity that is legal and acceptable on the net.
Worse case out come here . Year in the county as long as other sections do not come in to play. Being a minor looking at minimum some type of formal probation with counseling being a condition of probation.
These type of situation can turn ugly quickly if this person gets deeper involved with this type of material and the age of the victims get younger. Hopefully a good scare of what could happen will detour tis person from going any deeper in this type of material.
Appreciate the feedback, Patrick. Thank you. I haven't had a lot of time to sit down and review the entire section of penal code but plan to over the weekend.

What I can say, without divulging too much information.

The issue being alleged deals with a singe image.

The allegation involves an image depicting someone under 18 but not under 14.

The alleged source was not the internet.
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Old 02-15-2018, 06:03 PM
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Appreciate the feedback, Patrick. Thank you. I haven't had a lot of time to sit down and review the entire section of penal code but plan to over the weekend.

What I can say, without divulging too much information.

The issue being alleged deals with a singe image.

The allegation involves an image depicting someone under 18 but not under 14.

The alleged source was not the internet.


Great sounding better already , but still nothing to sweep under the carpet. Now with the person not being under 14 the matte could be resolved easily and without to much fan fair I will assume and you do not have to clarify the person in possession of this material is also under the age of 18. Since the parent(s) are cooperating six months formal probation with counseling could even be lowered to a misdemeanor. A lot depends on the D.A. he/she may not even pick this up if no big stink was made by the parents whose child is in the image. Still the person in possession of this material needs to understand the gravity of having this type of material.
I have a very good friend that was set up on possession of child pornography. 66 images on a hard drive found under a back seat of a motor home . Just enough images for the feds to pick up got 15 years. The state didn't even file the drug charges that was the reason for the search warrant . What is so stupid is the traffic stop that lead to everything else. Expired tags on the trailer they were towing with two motorcycles on the trailer. There is a lot more history to this then just the kiddie porn, but the government finally got one person after many years of trying and fighting
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Old 02-15-2018, 11:40 PM
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Unfortunately, this sounds like kids being stupid! The question is how the police decide to deal with it and how hard the family of the person who is in the image pushes them to deal with it. If it's a girl who took a picture of herself and send it on and then it got passed around by stupid kids, then yes, they are all idiots, but she shouldn't get off scott free either. I have 2 daughters, and while I would probably want to kill them for doing that I understand that they are teenagers and we were all teenagers once and did dumb things. We do our best to make sure they make good choices, but no one is perfect. I hope this all works out for everyone involved, and whatever the consequence, that it doesn't ruin a lot of lives in the process.
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