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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.
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.
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.
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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.