Sexting is the transmission of sexually explicit images, videos, or messages by text or email, most often via mobile phone. An adult (older than 18) who commits a crime of computer or electronic child pornography faces felony penalties. Teenagers age 18 and younger can also be charged with a felony if the conduct involved does not fall within the misdemeanor exception below. Nonconsensual sexting or sending inappropriate sexual images may constitute obscenity or harassment. However, victims of harassment by phone, cyberbullying, and other related civil offenses may take civil action to recover damages. For harmful matter not depicting a minor, the misdemeanor punishment remains the same, but the felony punishment is 16 months, 2 years, or 3 years in prison.
Can An Attorney Help Me With Criminal Charges Stemming From Sexting?
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- Sexting is the sending of nude or sexually explicit images by cell phone, smartphone, or other electronic devices.
- Revenge porn can involve sharing photos or videos of a former intimate partner without consent.
- To better understand Virginiaโs law on sexting, we examine when sexting is considered a crime.
- It can also be a defense if the police violate your Fourth Amendment rights by illegally searching or seizing your phone.
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The circumstances or facts of the case will determine if the accused faces both state and federal law. Many online and criminal solicitation cases are based on sting operations. Law enforcement agents at the state and federal levels receive extensive training on conducting sting operations to foil child predators.
While sexting is common among adults, it has also increased in popularity among teenagers. High school students have begun sexting, and it raises concerns about their safety. Young people may send images and messages to their friends, partners, or even strangers they meet online.
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Note that anyone convicted of Lewdness Involving Minor, Sexual Exploitation of a Vulnerable Adult/minor, soliciting, or attempting to solicit sexual conduct from a child must register as a sex offender upon conviction. Juveniles who commit the alleged offense between the ages of 10 to 17 will generally have their cases heard in Colorado’s juvenile court. For felony charges, a juvenile age 14 or older may be tried in juvenile court or transferred to adult court to face adult penalties. The Child Protection Register is a police database for people found guilty of child sexual abuse type crimes.
Possession occurs when a minor knowingly possesses an image of another person who is at least 14 years old or less than four years younger without consent. The maximum penalty for a misdemeanor conviction is 12 months in jail, a fine of $1,000, or both. To take indecent liberties with a child means to attempt to or take improper, indecent, or immoral liberties with a child with intent to gratify sexual desire or arouse sexual desire.
- If youโre no longer wondering is sex texting a crime, you could benefit from a discussion with the attorneys of Gerald Miller about your situation.
- Act 304 โunlawful distribution of sexual imagesโ requires that any minor that pleads guilty, or no contest, to serve at least eight hours of community service.
- Affirmative defenses for unlawful possession include (1) the receiver made a good effort to delete, erase, or otherwise destroy the image.
- In Arizona, it is illegal for a juvenile to possess, transmit, or display explicit material of a minor on an electronic device.
- A class A misdemeanor in Indiana -is punishable by up to one year in jail and/or a $5000 fine.
A conviction for child pornography or a similar crime can have serious consequences. An experienced criminal defense attorney can provide you with appropriate legal advice and inform you of the potential consequences, including whether juvenile defendants may be required to register as sex offenders. Recent changes to Kansas sexting laws make it a misdemeanor to possess and transmit nude photos, including selfies of anyone aged twelve through seventeen. That change may help teenage offenders avoid felony charges, but it does not prevent prosecutors from filing serious charges such as child pornography, sexual exploitation of a minor, solicitation, harassment, and revenge porn. Once again, this is because many state sexting laws are under the umbrella of child pornography laws.
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