Virtual Worlds and Minors

[Carentan]

I am a participant in Second Life, a virtual world that is very popular. Recently there has been a lot of controversy about age verification, but ill spare the details. I have a question about minors. The terms of service for the platform state one must be 18 to enter, and many have cybersex there. My question is if a minor were to lie to someone about their age after going into a program they shouldn't be allowed in by the TOS, and the adult engages in explicit chat, would it be illegal? Or should I say, would the person be going to jail? Keep in mind, this isn't like a chat sting, the person has lied about their age, saying they are older than they are, and no lewd images or video chats, or intentions to met have occurred. There are a lot of people who may be committing crimes without even knowing it, some of them friends of mine, so id like to know what the law says.

 

[sfitz]

I am not a lawyer.

It certainly is illegal but it would be hard to prove intent.

 

[Carentan]

Is there any precedent for it being illegal? So if I'm mad at someone I could have a minor pose as an adult and get them arrested?

 

[CdwJava]

You would have to show knowledge and intent - either directly or inferred. If a reasonable person would believe that the person being conversed with was a minor, then it is likely a crime will have been committed (depending on the relevant state and federal laws involved).

But, if the minor purports to be an adult and makes no commentary to change that assumption, I don't see that a criminal charge can be made.

- Carl

 

[sfitz]

Is there any precedent for it being illegal?

It is illegal if it contravenes law. There doesn't have to be a precedent for something to be illegal. Precedence implies direction for judgment, but doesn't entail a judgment either way.

In the scenario you describe, an adult engages in lewd conduct with a minor. Occurring on the internet is no different than over the phone--that, I believe, is what is set by precedent.

 

[Carentan]

Yeah, the tough part is the fact that they said they were over 18. Maybe it is similar to selling alcohol to someone in a club where the door person has mistakenly given a minor a wristband to be able to drink? Would the bartender be liable for the ID mistake? It doesn't seem they would.