My Son Is Being Investigated for Images He Sent as a Teenager.

Last Updated on: 4th August 2026, 01:33 am

If your son distributed a prohibited image or images, he could face state or federal charges that are similar to (and often identical to) possession of child pornography. No physical contact with a child is required in order to trigger charges based on image-based evidence.

If the file contains “self-sent images,” this is not necessarily a viable defense to accusations of illegal possession. In many jurisdictions, images distributed by minors are not protected. Therefore, a defendant’s admission that “I just sent this picture to my girlfriend when I was 14” can become decisive evidence that prosecutors present at trial.

At the investigative stage, your son should not explain the images in question. He should not respond to the investigator’s questions; instead, he should say, “I am going to exercise my right to be represented by counsel before making any statement.” This applies to any and all searches and seizures as well, including if the investigator has seized or is intending to examine your son’s computer, cell phone, tablet, or other electronic devices. Your son’s lawyer will be able to provide advice about whether it is best to discuss the files in question with investigators or to exercise the right to remain silent.

Once charged, it is up to the government to prove that your son engaged in the conduct at issue. Prosecutors must link the alleged possession of the images to the accused defendant. For example, possession of a device alone may not be enough to prove possession of the files it contains, knowledge and intent are often central disputed elements, and viewing an online image differs from downloading a file. However, once your son has made an admission, these legal defenses could be permanently unavailable.

Should I let police interview or search my son’s phone?

Refusing a Voluntary Interview

We generally advise our clients and their families not to consent to voluntary interviews with law enforcement or federal agents. If the agents ask to speak to your son or you, you should decline and explain that you are going to contact an attorney and your attorney will respond promptly.

If a federal investigator has sent you a letter asking you or your son to come in and talk with agents, this is generally the same type of solicitation. Even in this case, you should not agree to speak with the agents; rather, you should send a letter to the agents stating that you have retained an attorney and that your attorney will follow up. Federal agents do not like to be told no, so if you provide a quick, direct explanation, they will often be more likely to respect that you have hired an attorney.

Refusing a Consent Search

We generally advise our clients and their families not to consent to the search and seizure of their homes, electronics, or any other personal property. If you or your son decline to consent, this does not mean that you are unwilling to comply with the law. Rather, this is a statement that you are not giving permission for law enforcement or federal agents to search your property or conduct a search and seizure of your son’s electronics.

If law enforcement or federal agents present you with a valid search warrant, you should comply with their requests. Once again, if you refuse to cooperate based on the warrant, this is a different matter. We recommend instructing officers or agents to show you a copy of the warrant; if you do not agree to a voluntary search, officers or agents will need to get a warrant from a judge, in order to perform a search. In some cases, agents may rely on a valid search warrant in order to seize a phone or computer, or search it on-site.

If law enforcement or federal agents ask for permission to search your son’s phone, computer, or other electronics, it will allow them to bypass the Fourth Amendment warrant process. A consent search can result in officers accessing a child’s files, phone records, computer hard drive, or internet history in a broad and intrusive manner without any restriction or oversight from a judge.

Do’s and Don’ts

If law enforcement or federal agents have been in contact with you or your son, we strongly advise you to do (and to avoid doing) the following things:

• Deleting Messages or Wiping the Device, If a phone, computer, or other device is accused of containing prohibited imagery or other evidence of a crime, deleting messages or otherwise wiping the device can expose a family member to an allegation of obstruction of justice or evidence tampering. A person who is suspected of committing a crime can often be prosecuted for evidence tampering even in the absence of a direct prosecution for a more serious federal or state offense.
• Forwarding Alleged Images, Parents and other family members who suspect that their son has been the target of an investigation for distributing images that are allegedly illegal should not forward those images to others or discuss those images over email or text messages. Forwarding alleged images can create additional copies of images that are alleged to be illegal, which can lead to an additional exposure for the person forwarding the images, such as an allegation of distribution.
• Screenshotting Alleged Images, Similar to forwarding images, screenshotting images and taking photographs of alleged images of a crime can create additional copies of alleged contraband. When you do this, you could expose yourself to unnecessary risks, or you could inadvertently interfere with your son’s ability to receive legal defenses that are unavailable in cases involving unlawful possession, viewing, distribution, and other charges.
• Searching through your son’s phone, While it may be instinctive for parents to search through their son’s phone when they learn that their son is under investigation, this can be dangerous. If your son’s phone contains any suspect illegal imagery, accessing your son’s phone and seeing this imagery can expose you to potential criminal charges. Instead, you should preserve the phone by placing it in a safe location until you consult with an attorney.

Can Consensual Teen Sexting Count as a Crime?

The answer is yes; although it may seem unlikely. If a minor sends or receives an image or images containing nudity or sexually explicit content, then these are produced by a minor. Because of this, self-produced images of minors can still trigger allegations of CSAM or sexting.

If your son produced the image or images, he is a victim of the crime. However, if he distributes a prohibited image of himself, he may have engaged in a crime. But, when dealing with adolescents and teens, what appears on the surface to be a criminal act can be entirely legal.

• Relationship to the Other Party, Just because your son produced a consensual image doesn’t make it legal. While relationship status and close-in-age provisions can protect a defendant from certain allegations, relationship status alone is not a legal defense against a charge under federal or state law. When facing allegations of sending or receiving a child pornography image, there are many defenses that could be available in your son’s case.
• Youth-Specific Sexting Laws and Youth-Specific Charges, When facing a CSAM charge, some states have separate, youth-specific sexting statutes. These statutes have protections for individuals who have engage in the “intentional and unlawful” transmission of sexually explicit images. These statutes have penalties, which are usually less than a federal or state CSAM conviction.
• Diversion and Informal Adjustment, Even when facing criminal charges for sending, receiving, and/or possessing prohibited images, it is often possible to negotiate a diversion program or informal adjustment in a juvenile court. Diversion programs are designed to help juvenile offenders re-enter society and make good choices in the future. Juveniles that are sent to diversion programs often do so by confessing their guilt. However, some diversion cases are resolved by the defendant accepting responsibility without admitting guilt.

Charges for Coerced Senders

In many cases, people who send prohibited images may be seen as having committed a crime. However, in some cases, it is possible to defend against criminal charges. A coerced sender might be seen as both a suspect and a victim. If someone was forced to send a prohibited image, they may have engaged in a crime. But, it is still possible to argue for a not-guilty verdict or a reduction in charges.

Charges in the Context of Sextortion, Grooming, and Catfishing

If your son received a prohibited image from an adult and was coerced to send a prohibited image, this scenario could be viewed as sextortion, grooming, catfishing, and other types of criminal activity. However, if your son consented to send the image, the defenses to these types of cases will vary.

If someone sent your son prohibited images, you may be able to file a report with law enforcement, and your son may need to testify. Depending on the images your son is accused of distributing, your son could be charged as a defendant, or he may be charged as a witness.

If images were distributed through the internet, and your son does not know the recipient or sender, federal jurisdiction may be implicated and the matter may be investigated under federal law. When the internet is involved, a case may involve an investigation by the Federal Bureau of Investigation (FBI) and prosecution by the Department of Justice.

Charges Involving Nonconsensual Forwarding of Prohibited Images

If your son received an image without consenting to its receipt, this image may still be used to initiate a criminal investigation into your son’s use of a device and internet account. If your son received an image or images from someone and forwarded those images, this may trigger exposure for crimes including, but not limited to revenge porn, harassment, stalking, extortion, child pornography, and cyberbullying. If someone else forwarded the image, this can present a potential for a new case.

Spodek Law Group, led by managing partner Todd Spodek, defends clients in federal criminal and white collar matters.

Can he be charged now for images sent years ago?

Can Resending an Old Image Trigger New Charges?

If your son sent prohibited images years ago and someone resends them now, this could still lead to an investigation and charges for your son. If someone resends an old image of your son that he sent years ago, the images will likely be preserved. If the person resends the images, they will be able to present them in order to establish probable cause for a search warrant.

What if the Images are No Longer on Your Son’s Device?

Even if the images are no longer on your son’s device, if your son’s images were uploaded to a cloud account (e.g., Google Drive or iCloud), they will remain on the account long after they are deleted from the device. In this situation, images that were supposedly produced and distributed years ago can lead to an investigation.

But, what if the evidence is no longer on the cloud account as well? If the images were received by someone in the past, this person may still have them on their computer or on a cloud account as well. Then, if law enforcement or federal agents obtain them, this still presents a problem for your son. If you are facing this scenario, your son will need to convince prosecutors that the evidence is inadmissible and he will not be able to defend himself without violating his Fifth Amendment right against self-incrimination.

Is There a Limitation Period for Federal Child-Exploitation Offenses?

Under 18 U.S.C. § 3299, most federal child-exploitation felonies under Chapter 110 have no statute of limitations period, except offenses under §§ 2257 and 2257A. That means that if someone distributes an image, and the crime of child pornography is prosecuted in the federal system, prosecutors can pursue charges long after the crime was committed.

Is There a Limitation Period for Juvenile-Related Charges?

The statute of limitations period for crimes involving juveniles varies greatly depending on the jurisdiction. If your son is facing allegations of a crime involving juveniles under state law, the limitation period can be computed in a number of ways. Some jurisdictions may allow the prosecution of juveniles under adult law or they may only pursue juvenile law. Once again, in order to know what your son’s limitation period is, your son needs to have an attorney who can look into this for you.

In addition, when your son is accused of a crime committed before he was eighteen, whether the case will stay in juvenile court or go to adult court is a legal question as well. Depending on the jurisdiction, the decision may be based on your son’s age at the time of the crime or his age at the time he is charged.

If your son’s conduct falls within the jurisdiction of U.S. District Court, the federal juvenile delinquency statute, 18 U.S.C. § 5032, allows certain juveniles to be transferred to adult court, subject to statutory requirements, for acts committed before reaching 18 years of age. These are limited to felonies that are crimes of violence, certain drug offenses under the Controlled Substances Act and the Controlled Substances Import and Export Act, and specified firearms offenses under 18 U.S.C. §§ 922(x) and 924(b), (g), and (h). The federal district court decides whether a juvenile is transferred to adult court, after the Attorney General files a motion to transfer and the court holds a hearing. If a juvenile will be transferred to adult court, they will lose their juvenile protections and could face a prison sentence rather than an informal adjustment.

The court takes into account many factors to determine whether the individual should be tried in adult court. The severity of the alleged crimes, the prior criminal record of the defendant, the defendant’s age, and whether the individual would be better rehabilited as a juvenile are all important factors in order to make a decision.

What determines whether the images are illegal or worse?

What constitutes child pornography?

The broad definition of “child pornography” includes all materials that depict a person under 18 years of age (i.e., a minor) engaged in sexual conduct. “Sexual conduct” is defined broadly, and this definition can include nudity. However, merely depicting a person who is under 18 naked does not necessarily equal depicting a minor in sexual conduct.

What is required for a child pornography charge?

In order to successfully prosecute a case of child pornography, federal prosecutors need to be able to prove two elements in order for an individual to be found guilty. The first element is proving that the person depicted in the image was under the age of 18. The second element is proving that the image contains “legally sexual content.” If either element can be disputed, then a not-guilty verdict or a reduction in charges will be possible.

What else could raise a federal child pornography charge?

If you know of any of the following, you need to tell your son’s attorney. For example, if you suspect that someone requested the images from your son, sent images that were similarly explicit, threatened to disclose the images unless your son sent the image, or threatened to disclose the images unless payment was made, these factors could raise important defenses to these types of cases.

When dealing with juvenile image-based cases, it is important to consider any factor that could impact the case. For example, it might be important to argue that your son was coerced into sending an image, a fact that may be difficult for your son to discuss with a prosecutor in order to keep his case from being classified as a form of child pornography or sextortion.

If payment is involved, this could change the nature of the image case entirely. When facing a criminal charge, you need to consult with an attorney in order to determine whether it is possible to pursue a different theory of the image case. A payment for sexually explicit images is often a key element of child exploitation and commercial distribution cases. For example, if someone paid your son for images that depicted him naked, then this could change the defense of his image case.

If the images were sent by your son to the recipient by mistake, this could be a valid defense to criminal distribution charges. If your son sent an image because he thought he was talking to someone else, this could be a viable defense in order to avoid charges for engaging in child pornography, production of child pornography, or child pornography distribution.

The number of images involved, whether someone else sent images, whether a payment was made, whether your son produced images that contained prohibited content, and where the image ends up could all have the potential to impact the charges prosecutors are willing to pursue in your son’s case. For example, if your son received prohibited images and then forwarded those images, he may be less likely to face charges for creating images of a child’s naked body than if he had actively encouraged the recipient to produce the imagery. However, once you learn your son has been targeted in a criminal investigation, you should contact an attorney immediately.

What happens after police or the school get a report?

If an investigator has received a report about prohibited imagery involving your son, the next step will likely be to interview your son and the alleged victim. However, this may not always be the case. Instead, the investigator could try to subpoena a provider for records. This record request could be directed to Snapchat, Instagram, iCloud, Google Photos, or any other online service your son uses to store images, files, and communications.

In some cases, investigators will be able to identify your son’s account based on a username, account identifier, timestamp, or any other detail within the data provider’s records. These records could provide clues that point to your son’s identity, and law enforcement will most likely use any available or provided information to open an investigation.

If the investigator obtains a warrant to search your son’s device, forensics experts may use this warrant to examine your son’s phone, tablet, computer, or cloud account. With a warrant in hand, investigators can seize your son’s devices in order to recover deleted images, messages, contacts, and other data they could use to prove the charges in court.

Investigators can gather evidence by any other available means as well. For example, investigators can find evidence on another person’s device, obtain a report from the National Center for Missing & Exploited Children (NCMEC) or CyberTipline, or have a parent report suspicions to the school.

Where can the report come from?

We typically recommend discussing this with your attorney and your attorney will advise you on how to avoid any unnecessary exposure to a criminal charge or criminal conviction.

Law enforcement receives reports from a variety of sources. Some parents report their children being targeted for CSAM or sending explicit content to an image recipient in a nonconsensual manner. In these cases, the school or law enforcement will open a case. Many school students have been charged because a report led to an investigation into his phone, laptop, and social media account, and a search warrant may lead to evidence of CSAM, production of child pornography, and other criminal charges.

In most cases, the investigation starts with the school and not with law enforcement. Many image cases begin as school discipline issues before they turn into a criminal matter. If the school receives a report that a student distributed prohibited images, a discipline hearing may be held. During this hearing, a student can be arrested or have charges filed by a prosecutor.

Can the school place my son on a no-contact order?

If a school administration determines that your son has allegedly committed a crime or is engaging in prohibited behavior, it can impose a no-contact order. No-contact orders are used by schools to prevent future incidents of harassment, cyberbullying, and other offenses. This is a separate disciplinary matter, and it could be considered part of your son’s academic record. This will have consequences when applying to colleges and universities in the future. In addition, no-contact orders could have an impact on your son’s school attendance, participation in sports, and other extracurricular activities.

Get Advice on Your Situation

If you want someone to look at the specifics of your case, Spodek Law Group handles federal criminal defense nationwide from New York and Los Angeles. The firm has been practicing since 1976 and its motto is simple: we owe loyalty to only you. Call 212-300-5196.