>> >> announcer: we begin an eye on yet another american city in turmoil. this time charlotte, north carolina. and the details are familiar. you are looking at live pictures of growing protests. the second night of protetss. the description of the inciting incident. the family of scott says he was killed by police reading a book they say and waiting for his son to come home from school. police say he had a gun and not a book. police were only there because they were trying to serve another man, not to scott. and now here we are waiting to see in tonight's protests well-being as severe as last night. describe the scene around you. how large this r those protests? >> reporter: they started roughly before 7:00 p.m. about a hundred people or so outside the police station. mostly peaceful.

a couple of encounters with a officers on their bicycles outside the police station blocking the doors. they have since moved on and started circling downtown charlotte. at other points they have stopped at intersection interse. so far police have not given us an indication as to when they might ra try wrap this up. they are heading back to the police station and the crowd is growing. it's about maybe 300 right now and as more and more people come out the chants continue to you. mostly peaceful but there is an air of tension in the area. you can tell police officers are uncomfortable. but so far they have remained peaceful. no fist flying. nothing being thrown at police so far. again we'll keep it updated as this continues. >> and is the police presence strong there on the streets? >> reporter: so far to be honest

it does not match the crowd. what we saw at the police station were several dozen police officers lined up outside the kpitd. here this downtown handfuls of the police officers and security officers mostly. walking through an outdoor mall and that is the crowd that was watching them. there are no more than half a dozen. now as they are heading back to the police department, i'm expecting there will be more of a police presence there as we walk through these police officers you can see them start to mobilize heading in that direction. and after what we saw last night they were likely very prepared anderson. >> appreciate it. tonight is the second night of pretties as a long times sometimes violent seen on the streets last nights something reporting from charlotte. >> reporter: violent protests erupted on the streets of charlotte hours of keith lamont scott was shot and killed by police. 16 officers injured. tear gas used to control the crowds.

some protesters threw rocks and bottles and tried to block roadways. five people were arrested. shooting aftermath capture on a facebook live stream by his daughter. this is when she discovers her father is dead. >> they just shot my [ bleep ] dad. they just shot my daddy. he's dead. >> the daughter lashes out at the officers on the scene accusing them of planting a handgun at the scene. >> sitting from a car reading a [ bleep ] book. he ain't got to [ bleep ] gun. >> reporter: charlotte police say there was no book and scott came out of a car twice with a handgun. a team of four officers arrived in the apartment complex to serve a warrant to another man and that is when they crossed paths with scott. >> it is time to change the narrative. because i can tell you from the

facts that the story is a little bit different as to how it's been portrayed so far especially through social media. so charlotte, the challenge is ours. i think the future can be bright. but the work has to be done by all of us. >> brantly vincent, the officer who fired the deadly shots is also an african american. he's been placed on administrative leave. a young officer, joined the police force in 2014, graduated from liberty university where he studied criminal justice and played football. described as the stand-up guy. officer vincent was not wearing a body cam and other video from the scene doesn't show more of kwhapd in the confrontation. community activists are demanding transparency from the police department. >> they need to be transplant and know they need to be able to inform us of exactly what's going on. and still an investigation.

it is not going to be good enough. >> so the officer wasn't wearing a body cam. there is dash cam video from the scene. do you know if and when that video will be released? i imagine protesters want that released. >> reporter: well that is an interesting question, anderson. there is a new north carolina law which technically hasn't gone into effect yet but essentially makes all police camera reports not a public record so the public wouldn't have access to this. there would have to be a series of steps to go through to actually see the video and require a court order for it to be released. so if mayor told us a little while ago she would like to see the police chief show those videos they do have to family members and community leaders so they can see a much bigger and fuller picture of what unfolded here. but as pointed out this law doesn't take effect until october 1st of this year. and we've asked for clarification on why would that apply to this particular case.

but regardless we're still in the process of trying to figure all that out. but there is a push to make some of these videos public so people can see how all of this unfolded. >> thanks very much. going to keep a close ie monitoring the protests throughout the hour. as well as the next one. once again a story of a community on edge. a police force that's tried to keep the peace in a tense and volatile situations. sara sidner is standing by in tulsa, oklahoma. what's the latest there? >> reporter: anderson, there are hundred of people gathered here. for a vigil for terrence crutcher. and over and over and over again. i'll let you take a look at what the scene looks like here at tulsa metropolitan baptist church. but the words bad dude have been repeated over again. and that is what someone in the police helicopter flying above the incident said just before he was shot and killed by police

officer betty shelby. even though there is that video and there is sound, there is a disagreement about what actually it shows. on the one hand the family says it shows he clearly put his hands up but was shot and killed anyway. but the officer and her attorney have a different story. here is what she said. >> she was yelling at him to stop, for probably at least 10-15 seconds. he gets to the window of the suv and has his hands in the air, looks at them. the side of the car and officer shelby and his left hand goes into the window. officer turnbough also saw it. both of them reacted simultaneously. turnbough firing his taser. betty shelby firing one round from her service weapon. [ applause ] >>? so you heard what he said and what betty told him. but we do whant to tell you what the family says.

their attorney says the window he says he was reaching into that maple made him a threat wasn't even open to the family's attorney and the family responded with action and angst anaphase saying he just turned 40 his twin sister spoke about who he really is. >> that big bad dude was enrolled at tulsa community college, just wanting to make us proud. that big bad dude loved god. that big bad dude was at church singing with as of his flaws every week. that big bad dude, that's who he was. >> so what are the next steps in the case sarah? >> reporter: the district attorney has to look at whether or not they are going to charge in case. the family is adamant, they want this officer charged and charged with murder. they are also looking at the medical examiner. waiting for the medical examiner to release the autopsy but that

probably won't happen because they are also doing a toxicology and won't release anything until all of it is complete. >> thanks very much. keeping an eye on protests throughout the evening. of course bringing you any updates. also as donald trump tries to reach out to african american voters he suggests that the way he would stop so called black on black crime is to expand stop and frisk which is a controversial policy. we'll get into that next. romantic moments can happen spontaneously, so why pause to take a pill? or stop to find a bathroom? cialis for daily use, is the only daily tablet approved to treat erectile dysfunction so you can be ready anytime the moment is right. plus cialis treats the frustrating urinary symptoms of bph, like needing to go frequently, day or night. tell your doctor about all your medical conditions

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breaking news from charlotte, north carolina. keeping an eye on protests there. a story of community on edge. police force that advise has to try to keep the peace in a tense situation after the fatal shooting of a african american man. president of the charlotte branch of the naacp. after last night you said charlotte is not in a good place and people are frustrated. what are you hearing tonight? >> reporter: pretty much the same. most people they talked to are still very angry. there is stale lot of distrust. and we all want answers. we wanted justice. enough is enough. >> in a case like this,is often takes time in order for a real picture to emerge of exactly

what happened. obviously time is something which, you know, for protesters and for family members understandably they want answers now. we heard a call to keep protests calm. is there a concern more damage will be done if it -- i don't know if there is violence like we saw last night? >> reporter: always a concern. definitely a concern of mine. i'm asking folks to begin to look at how they can do something constructive. more importantly how you can change policies and laws that will give us justice and have the police be more accountable. >> in clearly in many communities, there's been a big push to have more minority groups represented within the police force. the officer involved was african american. what needs to be done to help the trust between community and police? >> reporter: it is not enough to

just have a diverse department. i think it is the culture of the police department as a whole. that we have to look at. we definitely need to look at implicit bias and how black and people of color are perceived by police officers. i think paced on what i'm saying there is a definite fear when a white officers interact with african americans in particular. that is a problem. and i think that has to be addressed. i think that the fact that when there is an interaction between african americans versus our white counterparts there is no real deescalation in the problem. we find our african american men and women killed and that is what we're talking about. >> so the fact that this officer involved in this shooting was african american, does that in any way change your concerns or the dynamic? >> reporter: no it doesn't. as i said there is a police culture that we're talking about. and we need to work on how the culture is set up.

how it's the cops or the blue against the black. it should never be that way. we are all citizens of this country. and so we have to find better ways to interact and wokt together and collaborate to ensure that every city is safe. >> appreciate your time. more breaking news donald trump has suggested he would expand stop and frisk policy if he's president. in a fox news town hall an audience member asked what he would do to stop black on black crime. here is what trump said? >> i would do stop and frisk. i think you have to. we did it in new york. it worked incredibly well and you have to be proactive. and, you know, you really help people sort of change their mind automatically. you understand. you have to have -- in my opinion, i see what's going on here. i sigh what's going on in chicago. i think stop and frisk. in new york city, it was so incredible the way it worked. >> you may know stop and frisk lets police officers stop people and pat them down if officers

suspect they are carryingweapon s or candidate ro band. three years ago a federal judge ruled the new york police department policy violated constitutional rights. this latest addition from trump comes on the heels of a controversial statement from yesterday. >> we're going rebuild our inner cities because our african american communities are absolutely in the worst shape that they have ever been in before, ever ever r. you take a look at the inner cities. you get no education. you get no jobs. you get shot walking down the street. they are worse -- i mean honestly, places like afghanistan are safer than some of our inner cities. >> factually speaking fbi crime stats from 2014 actually showed the violent crime rates in the largest cities have declined since 2006. with me now is republican commentator and trump supporter.

and cnn political commentator and "new york times" op ed columnist. charles, you called new york stop and frisk policy obscenely race based and immoral and untoogsal. what do you make of the idea that donald trump wants to extend this nationwide. >> it makes no sense, like most of his policies. local policing is not a federal jurisdiction. the president has almost no say in what local police departments can and cannot do. he may she likes the policy and e encourages the police department to take that policy up. but the president has no role in that. but even if he had a role in that. to advocate for something that is obviously race-based. that is -- that is obviously unconstitutional. that a judge has called -- i've been on this topic for a very long time. the judge who made that rule unconstitutional quoted one of my columns in the closing line of her decision. there is no way to get around

the idea that this is not targeting african americans for hostility. nine out of ten of the people who were stopped never charged with anything. they said that it was meant to stop people who may have weapons, that is not the way it was used at all. it was used as an intimidation tool, directed specifically at these particular people. and i believe that it -- it functioned as a kind of ethnic cleansing mechanism in cities. new york city at the stop -- at the height of stop and frisk which is 2010. the first time in new york city's history -- since the reconstruction, that the population of blacks in new york city failed. and there was other issues at play. a economic strain. and also social and political strain and there was also a tremendous amount of pressure being put on those populations by the police in this country. >> paris, what about that? the last police commissioner who just stepped down in new york

said eshl that stop and frisk went too far and that by focussing on trying to get guns off the streets in a more intense way they have had more success than stop and frisk. they have actually gotten more guns and the murder rate has drod dropped. >> first i'd like to start by saying my condolences to the families effected by the recent incidences with the law enforcement. it's happening with all too often and it is unfortunate and really terrible. and i am sincerely praying for those families. second point with respect to stop and frisk. i think it is dangerous to say that the intent behind it was somehow racist or intended to be some sort of ethnic cleansing like was just said. at the end of the day the implementation of it might have been flawed and the tactics towards my community might have gone too far like the commissioner said. but i think the original intent was to do good. the original intent ouz --

>> let me ask, does the intent matter if 90% of the people pulled over and stopped and frisked are black and latino and 90% of them, they have done nothing wrong. at least nothing is found own them? >> i'm the first to say statistics don't lie. and i think those statistics prove that it might not have been the most effective policy as it relates to how it was implemented. but to say the original intent was somehow annett nick cleansing or racist i think was wrong. when you look at what is going on in chicago and they said the police department is going to have to hire over 900-some odd additional police force to help curb the violent crime there, clearly there is a problem. and e have to find a way to solver it. is stop and frisk the best way? i don't know. but we have to find a way to help my community.

>> comments donald trump said yesterday, as we just played there that african american communities are in the worst shape they have ever been before, ever ever ever. --. >> first i is a v to say this. i never said the original intent of the bill was anything. but i said the net effect of it was that it was racist and that it was effectively [indiscernible] . the second part is we have to step back from all of the crazy things he says. step back at that. look at what he's suggesting as policy. what he's actually saying is that he is building up through generalizations, an idea of the black community as being beyond repair. and he is saying that his approaches to that are things like stop and frisk. which we know what that does. things like adding more police

officers, and more law enforcement. those are his words. i don't know a single black person who thinks the problem in their community is they don't have enough police combing around. that is not the problem. this is a person who is going to have the authority to appoint the next supreme court justice and they are also now 88 federal judgeship openings. the police conduct is governed in large part by what comes out of courts. because there is no federal -- the courts have to step in and say is this practice legitimate, constitutional or not? we have a chance right now to put somebody in that seat who's going to have real effect on how communities interact with police and it is not him. >> do you believe that african american communities are worse off than they have ever been? ever ever ever? >> i will say this, anderson. you know charles might be doing well. i think i'm doing okay.

a full time job. i'm blessed, my family is blessed but there are people in my community that are suffering and are actually scared to walk down the street that are in horrible public schools that are not serving them well, who are in low-paying jobs and cannot find jobs that pay them a full salary and give them full benefits. so a lot of of people in our community are struggle. and so so when you talk about mr. trump says they are the worst off ever ever ever, i think there is some validity to that. times are hard for many of my community in certain areas. for some of us we're doing okay but for others it is hard. especially those in the middle class that have been not been able stay there and just one paycheck away from not being able to send their child to college or being tossed out of their house or apartment. not able to buy a home or give their child a leg up pass on legacy wealth. >> when you look at the history of african americans in america.

i mean, you know this better than anybody. segregation, the list goes on and on. >> we're doing better. you are absolutely right, anderson. we are doing better. but one would think that in 2016 with the first african american president, that with the way the economy has been doing, that the black community would have been doing a lot better. but the statistics show that we are not doing better. we're not gaining. we're actually reversing and going backwards and it is stagnant. so one would think we would be in a better position in terms of home ownership and in terms of passing on lagz and we're noega. soo. >> appreciate you being on. new national poll shows hillary clinton with a six point lead and new state polls show how the map has shift. and protests in north carolina. music: suspenseful ♪

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more breaking news. the presidential race a new nbc news wall street journal national poll shows hillary

clinton lead big six points. 47-37%. that is the outlook on that national level according to poll had of mobbed's presidential debate. new state polls give a more granular view. and help explain how it's shifted. john king breaks it down. the new numbers suggesting hirnt has stabilized. what about the state by state numbers? >> more of mixed bag. let's take look. the last day more than a half dozen poll, one out just today in the state of new hampshire. it is a small electoral prize. we lean at blue right now. you see the third party candidates rounding out the field. if clinton has momentum in new hampshire, she'll take it. another one that will encourage the clinton campaign. sflord a state donald trump must wi

for the trump campaign here is one piece of encouraging news. within the margin of error, a statistical tie. because if you go back a month clinton had a small lead is. if perhaps trump momentum there. state of nevada. the latino vote. two big obama victors there. but donald trump very close. 43-40. very happy in the state of nevada. looks like it is going to be competitive to the end. and lastly let me come over to ohio. like florida donald trump can't

win without ohio. hillary clinton can. she doesn't want to. look at this new fox news poll. donald trump likes those numbers. 42% to 37. third party candidates lagging. add it up, pretty competitive race. >> when you look deeper what jumps out at you. >> you start to see the states bounce around and look for structure. starting in florida. donald trump leading some white voters to the third party candidates if he's going win florida the republican candidate probably needs to be a little higher. that is not good for secretary clinton but donald trump knees to move that up. non white voters. florida has more diverse, sometimes more conservative. the cuban part of the latino population. donald trump's numbers not as strong as he'd like. and we've been talking about the north carolina for the last 24 house for sad reasons obviously. look at this here. donald trump has been trying to make inroads in the african american community in the elon

university poll, 98% of african americans say they are for clinton. only 2% for donald trump. >> stay with us john because i want to bring in -- david, do you see the numbers. if you are trump or clinton tonight you can sort of spin the polls in a positive way. the state ones. who do you think is in a stronger position. >> reporter: well i think structurally she's in a stronger position. one of the things that john didn't address here because these were the most recent polls were state of colorado, state of virginia. these are states that used to be battleground states, where hillary clinton has held consistent leads. and so long as she holds those states and the state of pennsylvania where she's been holding a consistent lead, it is very hard to see how donald trump gets to 270.

even if he carries ohio and florida. so, you know, the democratic hold on the electoral college is pretty strong. he has to build up from the 206 that mitt romney won four years ago. and i think it is challenging. >> over the last couple of weeks we've looked at the path to the electoral college for both candidates. has it gotten better for trump is this. >> -- hillary clinton still at 272. you need 270 win. donald trump has a little more momentum. better news in north carolina. better news in iowa, nevada, ohio. but the he won all the states we now call toss ups anderson it i still wouldn't be a enough. he has to change virginia or pennsylvania or he has to change new hampshire new hampshire and something else. so that is the thing to watch heading into this first debate and you are going to see state polls bouncing up and down. we'll see if there is a big

switch after the first debate. structurally the race is relatively locked in. the nbc wall street journal poll out tonight donald trump has a problem with college-educated white voters. hillary clinton has a motivational problem turning out latinos and americans but has their support. the question is can she get them out? >> and leads to the debate on monday which is incredibly important. a bad night or a good night for either candidate, we're sort of in a holding pattern until then really. >> i think you need something to kind of up end the entire election at this point. but i want to echo what john and david say said. i think what we're seeing to a degree is a settling of this race. and the reason that despite hillary clinton's really bad last couple of weeks. the reason she's surviving this pretty well is because of donald trump's weaknesses himself. and what we see is that he is still viewed negatively by 61%

of the voters according to the wall street journal poll. he's got a lot of problems with college-educated white voters. she's got her own problems in turning out younger voters, african american voters. even hispanic voters. but you know there is a sense now that if she survived the last couple of weeks and it didn't really knock her off that it would be very difficult to find something that would. having said that, this year has been anything but predictable, right? >> yeah. david we're still 40-some odd days a way. a lot can happen. as someone who knows how to run a campaign, how do you decide in this stretch which state gets the campaign's time? >> well let me just say as brilliant as john is as breaking down these numbers at this board, this campaign has resources that far exceed

anything we have with public polls in terms of analytics and other tools that -- and they are making day-to-day judgments as to where they are, not just in states but in counties and precincts in terms of moving the resources around. and they will continue do that for the next 45 days. now the republican party has that apparatus. the trump campaign percy does not. i've always fell this was a slight advantage to the clinton campaign that they have been building this apparatus a couple years. >> leer is the thing in the wall street journal poll that was interesting. she's had problems with enthusiasm among her voters. and in this poll out tonight, it shows that while 9 out of 10 of his voters are enthusiastic, 7 out of 10 of hers are so that is picking up and could help in terms of turnout. >> david -- >> the other thing anderson. >> very quickly. >> the flake of young voters to the third party is something that i'd also watch as well.

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the latest live images from charlotte, north carolina. these are live pictures. that is boris sanchez there. explain what's been going on. looks like police have sort of blocked off the entrance to i think the omni hotel. what's going on? >> reporter: that's right. basically we were following the crowd all the way down to this part of downtown. at one point people got agitated and there were trash cans thrown and then they came here. people are trying to damage these vans. so far they have -- oh wow. they have put out pepper spray and people are running from it. jerry get out of there! as we can tell the situation is totally out of control. at one point a young girl showed

me a video of a young man with a wound to his head. police were tending to him but it was clearly a very sad season. the young man was bleeding from his head and basically the s.w.a.t. team went into the omni to defend themselves. they were confront birthdayed b. the crowd started throwing things. at one point a group of bystanders got in front of the police to try maibt the peace but things got out of hand. there is just not enough police officers here for the size of the crowd. we've seen police vehicles attacked. we've seen officers duet things tossed at them. seems like things are starting to wind down here. we're going to take you down to the front of the omni. just to give you a look at where the police line is right now. you can tell from all the debris in front of me things very quickly got out of the control. and they are still doing what they can do disperse this crowd but it is very difficult. it is very difficult.

whoa, okay. they clearly want us out of here. we got some tear gas that just went off. i think we got to move. >> excuse me. >> what are you doing, man? all right. >> boris, if you are still there, you can now see clearly that the police line that's been in place, at least we've been seeing for last five or ten minutes looks like a larger number of officers. they have now tried to push out the line. originally they were at the door way of themni. looks like they are now creating this line and i'm not sure if they are able to actually move out if they are just going stay static. you had said earlier tonight at the top of the hour there were about 300 or so people. how many people are still there? or have most actually moved off? the more peaceful protesters. >> reporter: it looks like most

of the people have dispersed in two directions, opposite the omni hotel. police are keeping us as a front to get people to disperse and push them back. it doesn't look like they are nearly as organized as thorpe. at one point as you saw it became chaos. they were headed to the police department. at some point another crowd of protester, peaceful protesters with signs stopped them and turned them around and they headed back down town. at that point went to this outdoor mall and climbed to the roof and people started hurling things at the crowd. and afterwards, is when that riot crowd. several dozen officers. and people started following the officers as they walked into the omni hotel. people started banging on the doors of the hotel. and some of the s.w.a.t. officers came out.

i'm looking for a crowd but frankly there is very few people left. looks like a fire don't is still arriving. there was a young man who suffered a head injury. a young girl unconsolable and showed me a video of this young man on the ground. she says she doesn't know exactly what happened. but that at one point officers restrained him and took him down. he was obviously hurt. i wouldn't be surprised if he was gravely injured from the video that i saw. as i said the fire department just arrived here. you can see people walking out of way trying to wipe the pepper spray out of their eyes. behind us there is still a crowd of people. i can hear shouting in the distance but again it is not nearly as organized as it was a half hour ago. >> okay. >> reporter: frankly it didn't seem like police were prepared. the number of police simply didn't match the crowd, whether in numbers or in tone either.

>> boris sanchez, be careful out there. we'll continue checking back in throughout the next hour. also ahead n e new eelgss anthony weaner is faced disgraced former congressman and --. reportedly spent months sexting a high school student. details ahead. on the road again ♪ [ front assist sounds ] [ music stops ] [ girl laughs ] ♪ on the road again ♪ like a band of gypsies we go down the highway ♪ [ beetle horn honks ] no matter which passat you choose, you get more standard features, for less than you expected. hurry in and lease the 2017 passat s for just $199 a month.

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debean, after he was caught last month sexting an image of his crotch as he lay next to the couple's 4-year-old son, abedin announced she was dumping him. sexting cost him a seat in congress in 2011 and pretty much ruined his chance at a run for new york mayor. "the daily mail" is reporting what may be far more serious. because of the alleged age of the girl he was sexting. here's randi kaye. >> reporter: the online sexting relationship went on for months between anthony weaner and a girl claiming to be just 15. the "daily mail" reports he sent numerous photos, one in a pool, one bare chested. she says he called her baby, woke up thinking about her, and was "hard." it got even more graphic, too graphic to share on television. she spoke to "the daily mail" which hid her face and disguised her voice.

>> he asked me what i was wearing, told me what he was wearing. he asked me to take my clothes off. >> reporter: "the daily mail" report shets first reached out to winer in january this year on twitter. he reportedly wrote back, you are kinda sort ofa gorgeous. weiner sent a bare-chested picture of himself with his hand on his crotch, another fote of weiner with undershirt rolled up showing his stomach and his son laying on top of him. >> he asked me about masturbation. sometimes it would be like role playing. he would pretend that he was a teacher, and i was a student. >> reporter: cnn has reached out to the girl to confirm her age and her relationship with anthony weiner but she's not responded. "the daily mail" says she says the two communicated through various online applications including the app confide which deletes pictures and messages immediately after they're viewed. in one message she reportedly told him where she goes to high

school. once she reportedly asked him how he slept. his response, according to "the daily mail," not great, woke up very, uh, eager. the two also reportedly discussed her getting her lerner's permit and the girl school activities. when asked about "the daily mail" article alleging he had a sexting relationship with a 15-year-old girl, anthony weiner neither confirmed nor denied sending the text. he told cnn in a statement, i have repeatedly demonstrated terrible judgment about the people i have communicated with online and the things i have september. i am filled with regret and heartbroken for those i have hurt." weiner went on, "while i have provided the daily mail with information showing i have likely been the subject of a hoax, i have no one to blame but me for putting myself in this position. i am sorry." cnn has not been able to confirm this was a hoax. "the daily mail" says weiner provided them two e-mails he says were from the girl that

raise questions about her claims. cnn has not been able to independently confirm she sent him those e-mails. in one e-mail she reportedly wrote, why did i message you in january? i wanted to know what made you tick. the paper says she told them she was "obsessed with weiner" and was writing a book about him. she tells the paper their online relationship ended in july vr randi kaye, cnn, new york. >> obviously the age of the person in question makes this the alleged sexting relationship different from the previous scandals involving weiner. today new york governor cuomo said, if true what weiner did is possible criminal. lots to discuss with jeffrey toobin. if this newest's is true, it's certainly sickening. what are the legal parameters for something like this? if anthony weiner did what's being alleged did he break the law? >> the key fact that we don't know the answer to is how old she really was. and were there photographs or

videos of her in some sort of naked state? because if she was a minor and if there were porn graphic images, the federal prosecutors in this country prosecute those cases all the time. and people go to jail for a long time for kiddie porn in this country, even if they're not dealers, even if they're just receiving those sorts of photographs. so this is potentially an extremely serious situation for him. >> he doesn't deny that this could have happened, saying in a statement that he has "likely been the subject of a hoax." i guess i don't even understand what kind of a hoax would it be? however you spin that. if it's true he was still having an inappropriate relationship with a 15-year-old girl, if she is in fact 15. >> yeah, i don't know what hoax means. maybe she's 25 years old, maybe she's a man, you know -- this could be a sort of catfish situation where the people online are not what they appear.

but if she is 15, and if there were photographs and he knew that she was 15 and believed she was 15, as i say, he could be in a world of trouble. >> if there's not photographs but he knew she was 15 or believed she was 15, is that legally -- is that illegal? >> no, i don't think so. she has to be as a factual matter a minor. and if she's not, you know, this is just a personal matter like all the rest of his sexting issues which relate to his marriage. but i don't think the law would get involved. but -- so she as a factual matter has to be a minor, i think, for this to be a criminal matter at all. >> all right, jeffrey to be by that, thanks. up next, an update on our breaking news in charlotte, new protests following a fatal police shooting. police firing tear gas moments ago. a chaotic scene. we'll find out the latest.

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thanks for joining us for the second hour of "3 sky." breaking news from charlotte, north carolina. at least one person has been shot in protests tonight. according to local emergency services. we do not know if it was a protester or police officer. it was the second protest following the shooting yesterday of african-american keith scott. boris sanchez is there.