The law was said to make it less likely that a teenager be charged for a felony for child pornography. Still, with 20% of teenagers participating in sexting, these laws seem harsh to many parents and teenagers. It refers to sending, receiving, or forwarding of explicit or sexually provocative photos, messages, or videos. In most cases, it includes the use of cell phones, computers, or any digital device or platform.
- The law made it illegal to knowingly send sexually explicit visual material to others without their consent through electronic means like email, text messaging, or social media platforms.
- If the charges involved a minor, you could contend that you thought they were of age and that they deliberately misled you about their age.
- The law was said to make it less likely that a teenager be charged for a felony for child pornography.
- Contact us today to learn how our dedicated team can help you navigate your legal challenges.
- Distributing child pornography, such as sending nude photos of a minor to other people, is punishable by up to 7 years in prison and/or a fine of up to $50,000.
- “Sexting” refers to the sending and receiving of sexually explicit or nude images through texting, social media, messaging, email, or other electronic means.
Do I Need a Lawyer for Sexting Charges?
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When a juvenile—a person under the age of 18—commits a criminal offense, that offense is dealt with through the juvenile justice system, not the adult criminal justice system. Juvenile court judges generally have wide discretion in the kinds of penalties they impose, even when a juvenile is charged with a serious offense. The laws on child enticement can also be very harsh, and the crime is often punished by long prison terms.
Sexting Charges and Penalties in Pennsylvania
They were a far cry from today’s modern smartphone, which not only takes high-quality pictures but videos as well. To ensure your privacy and remove (or at least lessen) the possibility of someone sharing your intimate message or nude, don’t text them. Snapchat might seem like a good option because the photos disappear, but the option to screenshot creates a problem. Despite the very real risks and potential legal implications, some people will send sexts anyways, and if you plan to, there are some things you need to keep in mind to protect your privacy.
Musca Law, a leading law firm specializing in criminal defense, is here to help you every step of the way. In addition to the above 27 states that have laws that address when sexting is a crime, there are also numerous states that are considering criminalizing the act of sexting. However, once again, sexing may also be charged as a federal crime if it involves a minor taking part in a sexually explicit act or depicts a minor in a sexually explicit manner. If a young adult is involved in a relationship with someone a few years younger, the law might consider certain acts illegal because one party is a minor. In most states, sexting images of or to a minor constitutes a felony or misdemeanor.
It involves using a phone’s text messaging system or third-party apps to exchange pornographic or sexually suggestive images and videos as well as illicit text content. However, many people are unaware of the legal implications that come with sexting. Sexting is the exchange of sexually explicit material through online media. While sexting between adults isn’t illegal, it’s an issue when underaged individuals get involved. As much as we would like to believe our children are safe from sexting, they may not be, and it is essential to understand all the consequences of sexting. Arizona also has strict laws for adults (over the age of 18) who sext images of minors or to minors.
In these instances, it is a violation of both federal and state child pornography laws. It’s important to note that any suggestive image falls under the definition of child pornography, whether explicit or not. Furthermore, possession of such an image is sufficient for prosecution regardless of its origin. 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.
Some states have so-called “Romeo and Juliet laws” that reduce or eliminate penalties if the adult is only a few years older than a minor (imagine a nineteen-year-old girl sexting her seventeen-year-old boyfriend of three years). In most states, the sharing of sexually explicit photos between consenting adults is not illegal. For example, a boyfriend and girlfriend may exchange explicit photos between each other on their phones. What if it’s an unusually difficult split and one half of the couple decides to send the “private” photos to the world via the Internet, social media, etc.? Whether it is a legal issue or not, think of the potential embarrassment or worse?
In addition, the teenager’s phone can be confiscated and not returned. Even though Michigan does not have specific sexting laws, a conviction could have serious, life-altering consequences. To help you understand and avoid the dire legal consequences of a sexting charge, we’ll explore everything about illegal sexting in Michigan.
You may be able to avoid a conviction if your lawyer can prove that you did not intend to commit a crime. If you did not know that you received a sexually explicit photo or video depicting a minor, an attorney might be able to successfully defend you to fight against the charges. If you knowingly access or possess child pornography with the intent to view it, you may face charges for possession of child pornography. Child pornography is defined as any material depicting a minor under the age of 18 engaging in sexual conduct. Most criminal cases involving sexting are based on child pornography charges.
Additionally, sexting can be considered a form of sexual exploitation and can lead to emotional and psychological harm, which is why the state takes it very seriously. It’s important to understand the legal implications of sexting to avoid any potential criminal charges and to protect minors from exploitation and harm. In general, sexting between two consenting adults is a legally protected activity. There are certain situations involving sexting, however, that may result in criminal charges. Most notably, anyone caught sharing sexually explicit photographs of a minor can be charged with distributing child pornography. Adults who are sharing such images may not even realize the victim is a child or teenager due to the depraved nature of the pornography industry, but this is no excuse.
