Potential issue when I was 18 - how bad is it?

So I’ve got a problem. I’m going up for my Top Secret and later down the line I will more than likely have to take a polygraph.

The issue is that when I was 18 I exchanged nude photos with a 17 year old. Stupid, I know. Technically this falls under the federal child pornography laws and now I am stressing. To be clear - this entire situation happened online and I never even saw this girl in person. In addition, we just ended up falling out of contact. This happened 5+ years ago and nothing was ever written about it - no charges, no family finding out (from either sides), nothing.

From my understanding sexual misconduct in the past can have mitigating circumstances and may very well not be a problem, but not when it involves children. Now I am stressed out of my mind because if I admit to this, which it’s looking like I’ll have to as it’s weighing on me, this will be immediately disqualifying regardless of the one year age difference or any other factors.

So, what are my options here? I am at two roads, either A - shut the hell up and forget about it because if it wasn’t written anywhere it didn’t happen, or B - come clean and potentially risk my dream job.

Something I have thought of as I have been going through the motions of this issue is that I never actually knew this person. This entire relationship was online and therefore I really don’t know who this person was - I could have been catfished by some 40 y/o guy using some 20 y/o’s pictures. I really don’t know. That’s my only defense.

I’m at my wit’s end. Please, someone give me some peace of mind.

I can’t really comment on what you should do here. The best I can do is say that from a clearance perspective, the fact that this is weighing so heavy on you that you consider hiding it, demonstrates that you are vulnerable to blackmail or extortion. That’s what the investigators and adjudicators would be looking at. Probably not the answer you were looking for but something to think on.

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Thank you for the response. Yes, I’m going to have to come clean with it. With that said, do you think this would be disqualifying?

Some of it might depend on the agency. I had (years ago) a case that once the individual admitted to having sent an “inappropriate” picture to an underaged female, (individual was over 18, recipient was not) his investigation was canceled. He had no legal problems, it was just something that happened. His parents were aware of it as were several friends, so it was not blackmailable, and he deeply regretted it.

Time is the best mitigator. Rhetorical question, was this in the last year or 10 years ago with no additional instances of this behavior?

It happened about 5 years ago. No addition instances since, no.

To be clear, this is for the D.O.D.

Very carefully read and complete your SF86.
If you are not being asked the question (or a question that comes close to your concern), then don’t mention it.
If you really want to put it in your sf86, you could use the comment section.

When you discuss with your investigator, you can always bring that up.
This way, you won’t feel like you have anything to hide, you will be adjudicated on this issue and can put that in the past.
This will make your poly go a lot smoother too :slight_smile: .

1 year apart between you two, 5 years ago…
Seems like a lot of attenuating circumstances.

I guarantee you will stress about this on your poly. They see stress response, keep needling you until they convince you they can “see” the issue. Try not to go TS Poly till 10 plus years pass. Never repeat that behavior. How old were you at time? If you were 35 and knew they were 17…creepy. No 17 year old wants a 35 year old nood(le). Chances are you were catfished. But will never know.

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I was 18, they were 17.

Thank you for your response. This was something I thought of - none of the questions on my SF86 comes remotely close to this situation and therefore i didnt need to mention it.

My understanding is thay during the poly they go over your SF86, but will they go off the rails and ask some extra questions like this situation?

They may or may not go through your SF86 during the poly.

Since it is weighting on you, I would mention it way prior to any poly session that you may have in the future.
Ideally during your TS investigation, when you meet with your investigator.

That will give you piece of mind if/when you get your poly…

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Dude- seriously, you’re stressing for no reason. 17 is a minor, yes, but that is not ‘age of consent’ for sex or sex acts. Most states set at 16… even then, there are ‘exceptions’ when the older individual is within a 2-4 year age range.

Look at your state laws for age of consent and what age they consider prosecutable under statute.

-I’m a retired police detective. You would never be prosecuted in any state I know of…

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Thank you for your response. Yes, where I am the age of consent is 16. Yes, for a sexual relationship with a minor I would be okay, but the issue is that we exchanged nude photos which falls under the federal CP laws. I was 18 when it happened so that would make me an adult. It just worries me, although I know I’ll have to fess up. Understanding that, I worry that it will potentially DQ me from my clearance.

Like llama said, you are overthinking and overstressing about it.
Report it to your investigator and move on.
It was 5+ years ago, private comms between 2 young people that were a year apart…
Big deal… They’ve seen a lot worse…

Questions that might arise from that are what if the pictures/videos are made public ?
Could someone blackmail you over it…