This question is about sexting (a person sending a sexually explicit image of themself to a recipient by electronic means).
When can the recipient get in trouble with the law if the person sending the naked picture is less than 18 years of age (for example 16)?
It’s my understanding that if a person randomly emails or texts a naked picture of herself then the recipient isn’t automatically a criminal just because they are in possession of child pornography. If someone requests a nude photo from someone who is beneath the age of 18, does the fact that they requested make it so that they can be charged with child pornography? What if the sender lied about her age?
For example: say Jane and Joe are friends. Joe is 21. Jane has told Joe she is 19 but is actually 16. If Jane sends Joe naked pictures of herself through Facebook chat, could Joe get in trouble? Does it matter if Joe asked for them or not? Can Joe do anything to legally make amends?