Need fellow Leo's advice

[slayer55]

Ok I'm going to be quick and straight to the point but I haven't been able to get a straight answer or get a hold of my lawyer. I am going through a divorce and custody battle for my 6 year old daughter. Recently my ex has become extremely volatile with me. So I went onto her messenger which we set the password up together and she never changed it after the separation, to try and find out what's going on. Well I knew after we split up she began doing questionable things for money like being and escort and sugar baby. While I was digging I found out she had sent picture of our daughter to a few of her BFS she's messing around with. These photos had my ex laying in the bathtub and our 6 year old daughter nude laying on top of her. In one of the photos you can see my daughters umm breast you can say and then in the other photos you can see all the way down to her feet. I've talked to my colleagues and they are all saying the same thing that they would consider it child pornography since she's sending it to men that arnt my daughter father. The question though is since I obtained them from her messenger account would a da allow it as evidence. I had her password from when we were married, she gave me permission when we were still together and never said otherwise even after the separation, and she never changed the password from what understand it was legally obtained but I want some more input before going to child welfare or the pd and have them say it was legally obtained. Any advice is greatly appreciated

[kygen]

Not a LEO; lawyer up and get your kid out of that house now.

[Skip_Dog]

Not an LEO but you need to contact one asap. In no way no matter how you came to see those pictures should you wait one second in contacting the police and a lawyer now...

[micro911]

Maybe you can talk to your department detective who is specialized in this type of "crime." Maybe he/she can give you a better answer.

[sdsu619]

Ok I'm going to be quick and straight to the point but I haven't been able to get a straight answer or get a hold of my lawyer. I am going through a divorce and custody battle for my 6 year old daughter. Recently my ex has become extremely volatile with me. So I went onto her messenger which we set the password up together and she never changed it after the separation, to try and find out what's going on. Well I knew after we split up she began doing questionable things for money like being and escort and sugar baby. While I was digging I found out she had sent picture of our daughter to a few of her BFS she's messing around with. These photos had my ex laying in the bathtub and our 6 year old daughter nude laying on top of her. In one of the photos you can see my daughters umm breast you can say and then in the other photos you can see all the way down to her feet. I've talked to my colleagues and they are all saying the same thing that they would consider it child pornography since she's sending it to men that arnt my daughter father. The question though is since I obtained them from her messenger account would a da allow it as evidence. I had her password from when we were married, she gave me permission when we were still together and never said otherwise even after the separation, and she never changed the password from what understand it was legally obtained but I want some more input before going to child welfare or the pd and have them say it was legally obtained. Any advice is greatly appreciated

Not a Lawyer, but it's questionable on how you obtained the photos. Acting as a Agent of the State without a warrant? Or as a family member with authorization to access?

It's a point of litigation in a criminal case. Could it be admissible? Maybe.

Regardless, of how they were obtained is irrelevant in exigent circumstance. But that's my take on it.

Is the immediate safety of your child important? Or the viability of a criminal case against your wife?


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[omgwtfbbq]

At the very least, I would bring this to your child custody/divorce attorney's attention.

The application of Section 311 and related sections (311.2, .3 etc) is a little wonky, and I don't know if the images described in the OP fit the bill for a DA to file on, but that's a decision for a DDA to make, not me.

In regards if you should pursue legal action outside of your custody dispute, I guess I would ask as an LEO, if an RP was tell you what you're telling us, would you file a report?

In regards to the legality of the search, I think you're good. The account was joint prior to your separation and she never revoked any consent to your accessing the account. If you bring it to your attorney, they will tell you for sure though.

[1911su16b870]

Lawyer up...and mentally prepare for a potentially terrible ride.

If you and your ex set up the account as a joint account and you have the password, that information was legally obtained.

Sending those photos shows a lack of judgment of your ex and would be beneficial for you to obtain custody.

Beware as no one (you, ex and daughter) will go unscathed in the separation if you are using this information in family court...as your ex will bring up other things (true or untrue) about you...

[slayer55]

Thank you everyone for the advice. My lawyer confirmed it would be considered child pornography, she is now just waiting on an answer from her friend at the da office to see if it's enough to use to have her arrested or strictly use it in family court for our custody battle. I am prepared for the slander she will bring, she started dragging my name through the mud a year ago. She made plenty of false accusations and wasted child welfare's time plenty of times sending them after me for nothing and having every case closed.

[slayer55]

Current update: I originally thought the photos were posted in private messenge's but it came to my attention when one of my family members was snooping on her profile page she posted it publicly so everyone could see my daughter too.

[AdiosKali]

Wonder if her future attorney could claim that if you thought of this as child porn, weren't you obligated to take action as a mandated reporter?

[doggie]

Contact the DA's office for advice, and in the meantime grab your daughter from her any way you can, any way short of violence. It IS child porn.
I'm not a LEO, but this is common sense.

[pacrat]

slayer55,

I'm not LEO. But I am a father with a daughter, a grandfather, with grand daughters, and a great grand father with a great grand daughter.

Pictures of the nature you describe when sent to MALE friends. And posted on the internet for others to see. Sounds to me like "Kiddy Porn". Which is both a Federal and International crime.

I suggest you contact the FBI, and ask to speak with an Agent who deals with this sort of internet crime.

As an Agency, I have a low opinion of the Feebs right now. But there are a great many hard working Agents who take an extremely dim view when it comes to the sexual exploitation of children.

JM2c

[Gun Nerd]

Thank you everyone for the advice. My lawyer confirmed it would be considered child pornography, she is now just waiting on an answer from her friend at the da office to see if it's enough to use to have her arrested or strictly use it in family court for our custody battle. I am prepared for the slander she will bring, she started dragging my name through the mud a year ago. She made plenty of false accusations and wasted child welfare's time plenty of times sending them after me for nothing and having every case closed.

Sorry to hear that OP. I can only imagine the sleepless nights that await.
Best of luck to you and your daughter! That's what's important.

[NoNameThanks]

Not an LEO but do work with the court system.

I would not be listing information about a potential case like this online. Federal child porn charges get ugly fast (and if its online, it's likely federal) and your browsing history may become investigated by prosecution/opposing counsel and everything posted here by you now becomes evidence.

I'd tread carefully online about this case.


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