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Morris Fodeman, a former federal prosecutor in Brooklyn, said it’s a federal crime “to knowingly send obscene material through the mail or over the internet to a minor under the age of 16 years of age.” Anthony Weiner allegedly sexted with 15-year-old girl “There has been much debate in the courts over the years about what constitutes ‘obscene,’ but certainly if the description of these chats is accurate and he knew the person he was chatting with was under 16, there may be criminal exposure here for Mr. Criminal and matrimonial lawyers said they expect police and the city Administration for Children’s Services to be more aggressive now that Weiner may be interacting with a minor.
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The 15-year-old has reportedly not gone to police over the texts, but Robert Gottlieb, a former prosecutor who is now a prominent criminal defense lawyer, said the police "have discretion about what to do" and "the fact that there is no complaint filed does not prevent the police from investigating." Anthony Weiner admits he's facing Children's Services probe Gottlieb said that wouldn’t stop cops from getting involved.
Police “have discretion about what to do” and “the fact that there is no complaint filed does not prevent the police from investigating.” He added that both the cops and ACS are mandated under state law to investigate "if there is any evidence that a child could be in jeopardy." Harriet Cohen, a seasoned matrimonial lawyer, said high school kids as a group are increasingly "extreme graphic" on the internet, indulging in "risque behavior at younger and younger ages" — and Weiner was "acting in the role of predator" with this stream of texts.
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