It is illegal to send pornographic content of someone else without their consent. While a first offense is typically a misdemeanor, repeat offenses will be charged as felonies. An individual who sends unwarranted sexts could be charged with harassment. This is the case if they are asked to stop, but continue sending explicit content to an unconsenting receiver.
What about unsolicited sexts?
An adult or juvenile tried as an adult who is convicted of a sexual exploitation charge faces harsh penalties. Depending on the circumstances, the court can impose up to 12 years in prison and fines of up to $750,000. Sexting that involves sexually exploitative images of a child (younger than 18) can also constitute a felony. Sexually exploitative images are those that show «explicit sexual conduct,» which includes sexual intercourse, erotic fondling, erotic nudity, and sexual excitement. It’s against the law to have a nude of someone under the age of 18 on their phone.
Criminal Penalties
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However, there are some situations in which sexting could lead to criminal charges. Sextortion is another similar crime which involves using photos or videos to coerce someone into certain behaviors or activities. Whether such images are procured through sexting the victim or other illicit means, including hacking or hidden cameras, the behavior is prosecutable. Sextortion and revenge porn often go hand in hand, and many states charge accused parties with multiple crimes based on the severity of the actions involved.
Sexting Laws in Texas
While some states have addressed the issue of teen sexting by providing reduced penalties for sexting by or between minors, California is not one of these states. Under state law, teens, or anyone below 18 do not have the right or authority to consent to the creation of sexually explicit images, videos, or other media. Consequently, when anyone below 18 takes a sexually suggestive photo, a nude selfie, or a picture or video of his or her privates, the activity constitutes child pornography creation. Creating child pornography is a crime, and sending that photo or image escalates the crime to possession and distribution of child pornography. For teens, state sexting laws explicitly state that it is illegal to create an image depicting anyone younger than 18 years old engaged in a sexual act. It is also illegal to possess obscene videos or images of a child younger than sixteen engaged in sexual conduct.
- You may intend to share a picture with just one person, but the problem happens when it gets forwarded to multiple people or even posted on the internet for the world to see.
- Anyone under this age cannot give consent, which is why adults sexting with minors is a form of child abuse.
- For misdemeanors of a high and aggravated nature, the maximum fine increases to $5,000.
- We know what is at stake in cases involving sex offenses — and will fight for you.
- Though the images may be unsettling, do not delete them as they serve as evidence against the culprit.
- People “sext” to express their sexual desires, turn-ons and turns-offs, sexual fantasies, or just to have fun.
If, according to US law, the man’s crime happened in the USA, then the USA would think it should be prosecuted in the USA. Then if a prosecutor would decide that it is worth the effort, they would ask for extradition. If the USA said the crime happened in Turkey, there would be no US prosecution and they wouldn’t ask for extradition.
Act 304 “unlawful distribution of sexual images” requires that any minor that pleads guilty, or no contest, to serve at least eight hours of community service. This is a class A misdemeanour -meaning the court may also order a $2500 fine or one year in confinement if the case stays in juvenile court. Juveniles age 14 or older who are charged with felony sexual exploitation of a minor can be tried in juvenile court or may be transferred to adult court and face adult penalties. The definition of «explicit sexual material» includes material that shows human genitalia or nudity, sexual activity, sexual conduct, sexual excitement, or sadomasochistic abuse. Keep in mind that statutes, which define crimes and their penalties, can change, so checking them is always a good idea. These are just some of the reasons to consult a criminal defense attorney if you have any questions about sexting or have been accused of a crime.
- This makes it imperative for parents to clearly explain the dangers of sexting to their children.
- Juvenile court judges generally have more discretion than adult court judges when it comes to handing out punishments.
- An adult convicted of a first- or second-degree offense is guilty of a class B felony and faces the possibility of up to ten years in prison and sex offender registration.
- When a juvenile is tried in juvenile court, they are legally adjudicated delinquent rather than being found guilty of a crime as in adult cases.
- Despite efforts at education and warning, sexting is regrettably still a common occurrence.
Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. The contact form sends information by non-encrypted email, which is not secure. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. Whether you are an adult or a teenager, sexting can create far worse problems, even if you don’t face legal ramifications.
As most phones may automatically save photos, the teenager may also claim that they deleted the content in a timely manner. Depending on the jurisdiction, sexting as a minor legally can cause a child to be both perpetrator and victim of a crime. This makes it imperative for parents to clearly explain the dangers of sexting to their children. Refraining from exchanging such content is essential to avoid legal issues. Sexting can get more complicated than you might think because of all the laws and penalties involved, but it doesn’t have to be as complicated as you see. All you have to do is have open and honest discussions with your children about the dangers of online and cyber safety and explain the consequences of sexting to your child.
The criminal laws for sexting and sharing sexual images online differ in every state. Before you think of sending nude photos from your cell phone, make sure you understand the laws in your state. If you’re accused of a sex crime, talk to a local criminal defense attorney about your legal rights.
