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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.

WASHINGTON — The Supreme Court argued Monday that social networking websites have become such an important source of information, including President Trump's daily tweets, that even sex offenders should not be barred from social media.

Displaying their familiarity during oral arguments with such platforms as Facebook, Snapchat and Linked In, several justices said a North Carolina law that makes it a felony for sex offenders to access them appeared to violate the First Amendment.

- It is unlawful for a sex offender who is registered in accordance with Article 27A of Chapter 14 of the General Statutes to access a commercial social networking Web site where the sex offender knows that the site permits minor children to become members or to create or maintain personal Web pages on the commercial social networking Web site.(3) Allows users to create Web pages or personal profiles that contain information such as the name or nickname of the user, photographs placed on the personal Web page by the user, other personal information about the user, and links to other personal Web pages on the commercial social networking Web site of friends or associates of the user that may be accessed by other users or visitors to the Web site.(d) Jurisdiction.

- The offense is committed in the State for purposes of determining jurisdiction, if the transmission that constitutes the offense either originates in the State or is received in the State.

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"That appeared to go too far for at least five of the court's eight justices, who noted that social networking sites have become a major part of "the marketplace of ideas," in Justice Ruth Bader Ginsburg's words."Increasingly, this is the way people get ... "This is the way people structure their civic community life."Although North Carolina's law goes further than most states, a victory for Packingham would represent a ringing defense of free speech rights for some of the nation's most reviled citizens — the estimated 850,000 registered sex offenders.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.ACS started investigating Weiner last month after another of his sexting partners shared a picture he sent her of him aroused in his underwear as his young son slept next to him."It raises a lot of questions about whether this is criminal behavior,” Cohen said.And while the texts show Weiner was aware the girl was a high school student, Cohen said it legally doesn't matter if he knew she was 15 or not.The state's senior deputy attorney general, Robert Montgomery, likened the law to a 1992 Supreme Court decision that forbids politicking within 100 feet of a polling place.

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