Sexting Laws Across America
Texas Penal Code 21.18 defines sexual coercion as an act involving sexual conduct causing arousal or gratification. Young people may view sexting as harmless however it can often lead to serious consequences and have a long-term effect on a child’s emotional wellbeing. The widespread sharing of messages or images that were intended to be private can make the sender the target for negative comments and bullying.
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Medical Amnesty: What Minors and their Parents Need to Know
House Bill 2789 addresses the issue of sending unsolicited suggestive photos. Under this newly minted law, anyone who sends a lewd image electronically to someone who did not explicitly ask for such a photo can be found guilty of a sexual criminal offense. The crime is a Class C misdemeanor, and, if convicted, the perpetrator faces a fine of up to $500. Teens or adults facing criminal charges over sexting when the wrong things may have been sent to the wrong persons need to get an experienced and knowledgeable Texas sex crime defense lawyer. In Fort Bend County, Montgomery County, Houston and the rest of Harris County, that lawyer is veteran Houston defense attorney Neal Davis. If you possess sexually explicit images of a minor, you may face up to four years in prison and a fine of up to $10,000.
Will a Minor Be Tried in Juvenile Court or Adult Court?
Sexting occurs using a phone’s text messaging system or third-party apps. Sexting often takes different forms, and may include pornographic or sexually suggestive images and videos, as well as illicit text content. Hiring a lawyer to defend against sexting charges is essential, as they can help reduce penalties or even get the charges dropped. A qualified attorney can provide the opportunity for the defendant to explain their side of the story and build a robust defense. For example, a minor might not be charged if they didn’t request explicit material or reported the content to a trusted adult, law enforcement, or a school official. In Pennsylvania, it is illegal for a minor to share a sexually explicit image or video with another minor who’s over the age of 12 but under the age of 18.
How Common is Sexting among Children?
Depending on the severity of your case, you could face hefty fines and long prison time. Don’t put your future in the hands of an attorney with little experience. Sexting is the practice of sending or exchanging sexually explicit photos, videos or messages through a mobile device. It is legal for adults over the age of 18 to engage in sexting with other adults. It is never legal to share obscene material (including sexually explicit messages) with a minor. If you do, you could be charged with a number of sex crimes that carry extremely harsh penalties, including prison time, hefty fines, and required registration as a sex offender.
- These applications claim no responsibility for explicit messages or photos that are saved.
- No two defenses of a sexting crime will be the same since no two cases are the same.
- Similar to other criminal charges, in order for an individual to be convicted of the crime of sexting, all of the criminal legal elements of the crime must be proven by the state prosecution beyond a reasonable doubt.
- Note that this law penalizes sending “harmful” matter to a child by any means.
- This may include, among other things, a warning, fine, probation, or commitment to Department of Children and Families custody for up to 18 months with a possible extension.
Usually, child enticement convictions also result in sex offender registration. There are circumstances under which sexting by adults could result in criminal charges. Shrager Defense Attorneys in Pittsburgh, PA will attack your criminal charges in order to protect your good name. Have a sound and solid case prepared by David J. Shrager and his legal team so they can fight for your rights. Sharing a sext of another teenager is a misdemeanor and punishable by up to one year in jail and a maximum $2,500 fine. In the case of harassment by way of sharing sexts, these fines increase to up to two years of prison and a maximum $5,000 fine.
For instance, an adult sending a sexual image to another adult might not always be consensual. Additionally, once someone possesses explicit content from another person, there’s always a risk that it could be shared without consent. Because teen sexting can involve juvenile courts (teens and minors younger than 18) or adult courts (teens who are 18 and 19) and cover various criminal laws, there is a wide range of potential penalties that may apply. In states that have specific laws that target sexting, the crime is typically either a misdemeanor or petty offense.
But teens and adults alike have increasingly been using their phones to send sexually explicit messages, photos, and videos. If you find images that could be considered child pornography on your child’s phone or computer, you should immediately contact a sexting defense lawyer. Your child may be facing charges for possession of the images, or they may be the subject of the images. In either case, you need to talk to someone who understands how to handle the situation carefully.
While sending nude photos between consenting adults may be legal, this can still be very risky. Images can be shared without consent or even stolen and used for blackmail or extortion. Take steps to protect your privacy, such as using secure messaging apps, being cautious about who you share images with, and being mindful of the content you send. In addition, sending sexually explicit images of oneself or others without the recipient’s consent can also result in criminal charges for harassment or invasion of privacy. You must obtain clear and affirmative consent from the recipient before sending sexually explicit images, and to respect their right to privacy and boundaries. This law firm represents teenagers and young men and women accused of Federal crimes for exchanging photos and videos depicting teenagers under the age of 18 while nude or engaged in sexual acts.
Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. The information presented at this site should not be construed to be formal legal advice, nor the formation of a lawyer/client relationship. It is illegal to view, keep, make, post or send these types of pictures or videos. There is no Federal Law in the United States that covers sexting across the country.
If the accused offender is over 18 years of age, there are more serious consequences, even for first time offenders, if convicted. Depending on the circumstances, a person could be charged with sexual exploitation of a child, luring a child, or child pornography. “Sexting” has become much more prevalent with an increase of people using smart phones.