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24 votes
Accepted

Why aren't we allowed to intervene if a child is being psychologically abused?

This answer is based upon united-states law. Outside the United States that law may, and indeed, is likely to, differ, as the legal analysis in U.S. law is unusual in multiple respects with regard to ...
ohwilleke's user avatar
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14 votes

Can you sue the courts and involved agencies for custody orders that proved harmful to you as a child?

The State of California is not responsible for injuries committed by private citizens Sorry to hear about your friend. Jamal may have a case (although the scope is narrow and timeframes are strict and ...
Dale M's user avatar
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14 votes
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If you know someone is committing infant abuse, do you also commit a crime if you choose not to report it?

united-states There are many different sets of laws in the United States. This post is not a comprehensive survey of every U.S. state and district and territory's laws on the subject. I also do not ...
ohwilleke's user avatar
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11 votes
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Is "Sabrina" child pornography?

That definition still applies, at least in federal law. Under 18 USC 2256: “child pornography” means any visual depiction ... indistinguishable from that of a minor engaging in sexually explicit ...
bdb484's user avatar
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9 votes
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Are vigilantes actions on DDoSing child porn sites illegal?

This would be illegal in Australia (Criminal Code Act 1995 part 10.7: any unauthorised impairment of electronic communication to or from a computer), the US (Computer Fraud and Abuse Act) and any ...
user6726's user avatar
  • 215k
9 votes

If somebody anonymously falsely reports that somebody on a given address has child porn, do the cops actually get a search warrant?

One of the leading U.S. Supreme Court cases on probable cause in circumstances in which there is an anonymous informant is Illinois v. Gates, 462 U.S. 213 (1983). In that case it allowed the use ...
ohwilleke's user avatar
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8 votes

Can a trust be changed if it can be proven the terms were setup to continue psychological abuse?

A trust where the trustee controls the flow of money on behalf of the beneficiary is known as a "spendthrift trust" and is quite common form of testamentary trust in the US. Typically, it's ...
Cadence's user avatar
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7 votes
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USA: Is it legal to take naked non-abusive pictures of my child?

Yes, it's legal. To be illegal, the photographs would have to be obscene or pornographic. Nude people, ordinarily photographed, doing non-sexual, non-excretory things are neither. However, I would ...
David Schwartz's user avatar
7 votes

The Legality of Naked Photos of a child for an abuse case

Will you be in legal trouble for child pornography? No. The legal definition of child pornography generally requires things such as "sexually explicit conduct" or "lewd and lascivious display". ...
Mark's user avatar
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7 votes
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Keeping children away from an ex-convict legally required?

You are responsible or assessing risks to your children A parent (or a person in loco parentis) is obliged to care for and protect their children this includes assessing the risk to those children and ...
Dale M's user avatar
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7 votes
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Is it legal or child-labor for a private pre-school to ask preschoolers to wash dishes without compensation?

This is probably permitted on the theory that socializing children to do household type chores serves a reasonable educational purpose. If the dishes being washed were from a restaurant unrelated to ...
ohwilleke's user avatar
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7 votes

Can a 16 year old leave a custodial parent to live with grandparents?

You do not specify jurisdiction, but in general a minor must live where his legal guardian sees fit. He cannot decide by himself where to live. If there is a suspicion of abuse, then police and/or ...
SJuan76's user avatar
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6 votes
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Are parents allowed to not pay for their children's surgery?

Parents have a legal obligation to care for their minor children: it is illegal to harm a child through action or inaction. State law and associated welfare programs are complex: you can start here. ...
user6726's user avatar
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6 votes
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Can a person be prosecuted for unknowingly possessing illegal computer files?

There is a federal law, 18 USC 2252, which criminalized distribution and receiving of child porn. One part of the law addresses a person who (1) knowingly transports or ships using any means or ...
user6726's user avatar
  • 215k
6 votes

Double Jeopardy with grooming

Multiple victims = multiple crimes The victim(s) in the USA and Scotland are unlikely to be the same person(s) - a separate crime is committed for each event against each victim. Double jeopardy is ...
Dale M's user avatar
  • 213k
6 votes
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Distributing my own sexual photographs as a child?

The US child porn law is Chapter 110 of Title 18. It refers to a "minor", defined as anyone under 18. Sexually explicit conduct is defined, which you can read about. Regarding distribution (not ...
user6726's user avatar
  • 215k
6 votes

Are Parent-to-Child death threats legal exceptions?

“I’m going to kill you” is not a threat Or at least, not necessarily. A criminal threat is more than words - it must encompass the intent to carry out the threat. Except in wholly exceptional ...
Dale M's user avatar
  • 213k
6 votes

Why aren't we allowed to intervene if a child is being psychologically abused?

There are two parts to this question. First, when are we "allowed to intervene"? That depends on the jurisdiction: I'll pick Washington state (US) as one illustration. You don't define "...
user6726's user avatar
  • 215k
6 votes

If somebody anonymously falsely reports that somebody on a given address has child porn, do the cops actually get a search warrant?

In order to seize or search John's computer hardware lawfully, the police would need a warrant. To obtain this they would neeed to convince a judge that there was probable cause. An unknown anonymous ...
David Siegel's user avatar
5 votes

Distributing my own sexual photographs as a child?

In New South Wales, Australia this would make you a sex offender and, if convicted, put you on the sex offender's register for life. It doesn't matter if the child pornography is of you and it doesn't ...
Dale M's user avatar
  • 213k
5 votes

What would happen to a minor who was blackmailed into robbing a bank and killing a man?

Jurisdiction: Ohio. What charges might this kid face? Let's deal with each individually. Possession of Child Pornography Based on the facts contained in your narrative, the suspect is guilty of ...
Alexanne Senger's user avatar
5 votes
Accepted

I'm 16 years old and I want to move in with my 18 year old SO, am I allowed to decide this for myself? What can my parents do against this?

Under the Dutch Civil Code article 1:245, "All minor children are subject to authority". Article 1:247 says that "Parental authority comprises the duty and right of the parent to care for and raise ...
user6726's user avatar
  • 215k
4 votes
Accepted

Disabled fiancée is harassed by her father and I'm a witness. Am I an accomplice from not helping?

You are 500km away and you neither intend to do her harm, nor are you personally doing her harm. You are not an accomplice by any means. You may, appropriately, feel a moral obligation to do as much ...
ohwilleke's user avatar
  • 221k
4 votes

Is this grounds for Child Protection Services

The test for child abuse is a broadly worded "standard" that is applied in the discretion of the judge or jury, as the case may be, on a case by case basis. But, it is very unlikely that ...
ohwilleke's user avatar
  • 221k
4 votes
Accepted

Legality of data "chunking" concerning child pornography

18 U.S. Code § 2252 defines a crime and punishment for knowingly transporting, or reproducing for distribution by any means, visual depictions involving the use of a minor engaging in sexually ...
K-C's user avatar
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4 votes
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R. Kelly and Statute of Limitations

In 2017 Illinois changed its law so that criminal charges for child abuse have no statute of limitations, and can be prosecuted as long as the accused is alive. This applies to all such crimes that ...
David Siegel's user avatar
4 votes

Child Sexual abuse - can you jail person just based on what child said?

Child Sexual abuse - can you jail person just based on what child said? Under U.S. law, yes. There is no proof whatsoever about this, no facts, or witnesses Testimony of a witness is evidence. ...
ohwilleke's user avatar
  • 221k

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