Sexting Laws in California

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How Do I Find Sexting Laws for My Jurisdiction?

Thus, if both parties consented to the sexting, then they may not face any criminal charges. Under Texas Penal Code Section 43.261, it is a crime for a minor to “intentionally or knowingly” send another minor an obscene photo/video or a photo/video of a minor engaging in sexual conduct, if they know it was a minor. First-time offenses are punishable by a Class C misdemeanor, but the statute indicates that under some circumstances a first-time offender can be charged with a Class B misdemeanor. You’ve probably heard about sexting, the act of sending sexually explicit messages or images via mobile devices. It’s become a modern form of flirtation and intimacy, but it’s not without its risks.

• (A) took reasonable steps to destroy each such visual depiction; or (B) reported the matter to a law enforcement agency and afforded that agency access to each such visual depiction.
• However, while it may seem harmless, sexting can have serious legal consequences.
• They may have even been coerced by an adult or someone they’ve met online.
• A prosecution for a sexual offense can have life-altering consequences.
• If convicted of sexting under these new laws, a person can be punished with up to one year in jail and a fine of up to $1,000.

What Should I Do If I Find Sexually Explicit Images on My Child’s Phone?

This law addresses sexting between senders of child pornography, ages 13 to 15 years old, and recipients, ages 13 to 17 years old (CGS � 53a-196h). At Shrager Defense Attorneys, we are experienced sexting defense lawyers in Pittsburgh who will pull every stop to win your case and defend your rights or the rights of your child. We are aggressive in developing a sound strategy as well as thorough in investigating the evidence and legal process that led to the sexting charge.

Federal law also prohibits using computers to disseminate explicit images of underage subjects. In some cases, teens who are convicted of an offense relating to underage sexting may have to register for life as a sex offender. Studies have shown that the majority of teens acknowledge that they did not think about the possible legal consequences or other ramifications of sexting when they engaged in this type of activity. Adults who are involved in sexting with minors will also face significant penalties and may be required to register as a sex offender if convicted of the underlying sex offense. In many jurisdictions, sending or receiving sexual images of individuals under the age of 18 can be considered possessing or distributing child pornography, a severe criminal offense. Legal consequences vary significantly but can include charges, fines, or even imprisonment.

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.

However, discovering that a private message has been passed on to others or shared online will potentially cause considerable distress to the original sender. Be proactive in your safety measures, and always stay informed about your digital rights. Sexting should be a mutual and consensual activity, free from the worry of legal complications or privacy invasions. Remember, once you send a digital message, you lose control over who sees it.

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.

In other cases, prosecutors can allow minors to avoid a felony record and sex offender registration after facing sexting charges. As a preteen or teenager parent, you have a duty to let your children know the potential legal ramifications of sexting. More importantly, it would help if you reminded them that any message, image, or video they create or send electronically, even if they only share nude photos, has the potential to remain on the internet forever. Texas lawmakers viewed the non-consensual electronic transmission of nude or sexually explicit images as analogous to the crime of indecent exposure – the act of intentionally exposing one’s private body parts in public to strangers.