If a person writes a sexual story with a minor who misrepresents his or her age online, is this person criminally liable? My question comes from reading the obscenity statutes and the note that ignorance of age is never a defense, but still the term "knowingly" is used to describe the person who commits the offense of using a minor to make such materials. I'm confused, because it seems rather outlandish if true as knowingly is defined as knowing the age in the previous section. Can someone please explain what knowingly means here?
Answer
Ignorance of age is not a defense to sexual battery or lewd and lascivious charges. Not sure what you mean by "sexual story." Sexting with a minor would be illegal though if you know the person to be underage.
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