Plattsburgh, NY Criminal Defense Law Firms & Lawyers

The facts will dictate what you could be charged with. The most serious offense could arise from what you did with the pictures of the minor and when did you discover she was a minor. Regardless, it appears that the prosecutor would have a difficult time proving intent. Do yourself a favor and do not discuss this with anybody but an attorney. If you are questioned, simply say, that you have consulted with an attorney and wish to invoke your right to an attorney. I have attached the most serious crime, from the facts you have given, that could realistically be charged. I hope this helps. Once again, do not discuss this with anybody but an attorney. *Sexual exploitation of a minor** *(Utah Code 76-5b-201) *Degree-*2nd Degree Felony *Elements-*A defendant commits sexual exploitation of a minor: when they: knowingly *produce[1] *, possess, or possess with intent to * distribute[2] * *child pornography[3] *; or intentionally distribute or view child pornography; or if the defendant is a minor?s parent or legal guardian and they knowingly consent to or permit the minor to be sexually exploited. *Fine-*2nd degree felony: A fine not to exceed $10,000[4] , plus a 90% surcharge.[5] *Restitution-*The court may require the convicted person to pay restitution. [6] * * *Imprisonment-*2nd degree felony: A term of imprisonment not less than 1 year nor more than 15 years.[7] *Sexual Offender Registration-*Lifetime registration.[8] *DNA Specimen Analysis-*A defendant convicted of a 2nd degree felony sexual exploitation of a minor must provide a DNA specimen.[9] *Firearms-*May not posses, use or have control of a firearm or ammunition for life.[10]

This is potentially a very serious issue. In Washington, falsely reporting a crime is a gross misdemeanor punishable by up to one year in jail. Additionally, you could be required to pay restitution for the costs associated with investigating the nonexistent crime you reported. Whether you are likely to be charged is primarily a matter of police and prosecutor discretion. Under some circumstances the consequences could be even more severe. You should consult with an attorney directly and immediately before doing anything further.

If the theft was reported to the police and they are investigating and charge you with theft then it is up to the state and prosecution whether they move forward with charges. At that point it does not matter if the other party says they are not pressing charges since it has become a criminal matter. If the theft was never reported and you return the money then law enforcement may not find out.