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Two people are consensually sexting. Person A is under the age of consent of its nation (United States) but person B is in a different nation (Portugal) where person A would be over the age of consent. Person A only Engaged in text person B was the only one to send images after a request from A

Could person B face any legal problems (either in Portugal or the United States)? And if so how long would it normally be between the accusation and B being contacted by the police?

FD_bfa
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2 Answers2

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The age of consent in both countries is irrelevant

This is a question on the distribution of pornography. Portugal (age of consent: 14) and the USA (age of consent: 16-18, depending on the state) are indeed different, but they are not engaging in any physical sexual activity.

Both Portugal and the USA have the same law on the issue raised in the question. Namely, the legal age for appearing in images or videos considered to be pornography is 18 — aligning with international child protection laws. If B's conduct was (as you thought) legal in Portugal, then the situation would be more complicated.

This makes person B's conduct illegal even in Portugal. Therefore, they could be charged there. Alternatively, it is also possible for the US to request extradition for punishment there.

FD_bfa
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B can be in trouble in the USA if their action is against US law, and if the USA considers “sending a text message from Portugal to the USA” as happening in the USA. And B can be in trouble in Portugal if they acted against Portuguese law, and if Portugal considers this as happening in Portugal.

“Contradicting laws” just means that zero, one or two countries might want to prosecute you. Each country according to its own laws and ignoring the laws of the other country.

gnasher729
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