Sexting involves sending and receiving images, videos, or messages of an explicit sexual nature. Oftentimes, the images are pictures of the persons exchanging the photos. They are often associated with persons who may be in a relationship with one another. In some cases, sexting can be a form of bullying or harassment if the personal images are shared without the person’s consent. Sexting can occur through many channels of communication, including laptops and PC’s, cellphones, online websites, and social media websites.
Generally speaking, possession of child pornography is a felony charge. Thus, if a person receives a sext message containing lewd images of an underage person, they could be charged with possession of child pornography. This is punishable by at least one year in a state prison, along with criminal fines. Other consequences can result for the defendant, such as being charged with child enticement or being required to have their name listed in a sex offender registry.
In most states, sexting can lead to felony charges even if it is done by two consenting minors. The main reasoning behind this is that possession of the pictures is still considered to be a violation under child pornography laws. In any case, any type of sexting charge is likely to be more serious if the person appearing in the image has not given the other person consent to have their picture.
In other cases, underage minors were charged with contributing to delinquency of a minor for possessing explicit images of classmates. Thus, every state has different laws that can cover a broad range of different sexting charges, ranging from minor offenses to very serious felony charges.
Understanding how sexting laws can sometimes be very confusing because such laws are quite new. You may wish to hire a criminal lawyer if you have any questions, concerns, or legal disputes involving sexting laws. Your attorney can advise you on your issue and can represent you in court if you need to file a lawsuit involving sexting laws.
Last Modified: 06-21-2018 06:40 PM PDTLaw Library Disclaimer
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