Sexting Laws: What Do They Mean?

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Accusations of sexting a minor are bad enough but keep in mind the prosecutor has the burden of proof to convict you. There is a lot a defense lawyer can do to improve your case, like explain elements in your favor, pursue alternative resolutions, and work to clear your name. This is normally a class C misdemeanor punishable by a fine of up to $500. However, if a minor sent the pictures to harass, embarrass, abuse, or offend someone, it may be enhanced to a class B misdemeanor. This is punishable by up to 180 days in jail and fines reaching $2,000.

Are There Penalties for Illegally Spreading Explicit Material?

Law enforcement officers and prosecutors at the state and federal levels aggressively pursue purveyors of child pornography. The Ohio legislature passed the law to protect people from becoming victims of revenge porn. The Ohio law criminalizes distributing images of other people by electronic means without that person’s consent. The perpetrator then threatens to distribute these materials or harm the victim unless they comply with further demands, which can include sending more explicit content, money, or engaging in other actions. Sextortion is a form of online exploitation and can have painful emotional and psychological effects on children. Our California state criminal defense lawyers offer free consultations and legal advice.

The Seriousness Of The Charge

However, in other states, a sexting offense may be considered child pornography, an offense that is typically charged as a felony and one that has much harsher penalties. No two defenses of a sexting crime will be the same since no two cases are the same. However, there are a few defenses that I might examine as your attorney. In some cases, we can argue that the photos or videos weren’t actually sexually explicit as defined by law and that the charges were blown out of proportion. In other instances, we may be able to argue that the evidence was seized illegally, violating your right to privacy. If the case involved sexting a minor, we may also be able to argue that you legitimately believed the recipient was of age.

Which States Have Sexting Laws?

Nonetheless, the Federal sexting laws do not delineate an age requirement for prosecution. Thus, hypothetically, a 16 year old who asks his girlfriend for a nude photo, can technically be charged under these laws. The discretion to bring charges lies with the federal investigators and federal prosecutors. Texas represents a middle-of-the-road approach when it comes to sexting.

It carries penalties of up to 180 days in jail and fines of up to $2,000. This applies to all electronic platforms such as e-mail, texts, apps, and social media. Do not allow them to discourage you from involving law enforcement if you are a victim. It is illegal for any person under the age of 18 to be involved in sending, receiving, or sharing sexually explicit content using an electronic device. When minors are involved, you can be charged or prosecuted according to child pornography laws, child endangerment, and dissemination of harmful material to minors.

• She was called a slut and a whore, teased and even had things thrown at her.
• Under certain circumstances, sexting may constitute a criminal offense in Michigan, especially when one or more of those involved are minors.
• This type of interaction is considered a sex offense and can result in severe charges.
• Ohio law provides that no person shall sell, give, or send obscene or harmful materials to a juvenile.

While people of all ages may choose to use their phones to send sexually explicit photos, when sexting involves images of minors, it can be trouble. The possible penalties you’ll face for a sexting crime will vary depending on your circumstances and whether you have any prior convictions. For example, California has a specific “revenge porn” law that can lead to jail time and fines for anyone who shares explicit photos with other people without consent. When the sexting involves a minor, however, the penalties can become more extreme, which is why you need an experienced criminal defense attorney working on your behalf. Many of these cases can be tried as either a misdemeanor or felony, with more serious cases resulting in state prison time, fines, probation, and sex-offender registration.

However, individuals who send images aren’t the only ones who can face criminal charges. If a person receives or possesses sexts and doesn’t report it to a parent, guardian, teacher, or police officer, nor destroys it, can also face penalties. Besides the prison time and fines, anyone convicted of illegal sexting must face sex offender registration on Michigan’s public Sex Offender Registry. Studies show that approximately 15% of teens have sent explicit sexual images or videos, and around 27% of teens have received a sext. At Shane Phelps Law, our team of attorneys has over 30 years of combined experience defending clients against a wide range of criminal charges.

If you have been charged with a criminal offense related to sexting, do not hesitate to contact a Lampasas County criminal defense attorney. Whether you’re an adult accused of having child pornography on your laptop or you’re the parent of a teenager charged with sexting a friend, you need an experienced criminal defense attorney. The penalties for child pornography or possessing or transmitting sexual material of a minor can leave someone with a permanent criminal record. Many states have specific rules for different age groups when sexting. Connecticut, for example, punishes teenagers between ages 13 and 15 for sending inappropriate pictures of themselves and those in the age group of 13 and 17 for receiving and not reporting such images.

It is common for teens to have cell phones that take high-quality pictures and videos. They are often pressured into taking semi-nude and explicit photos and sending them to friends and romantic partners. Those images are sometimes forwarded to other people without the consent of the person in those pictures.