Sexting Laws in Texas Sexting and Minors in Texas

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Additionally, some states are addressing cyberbullying and harassment in sexting laws—by imposing tougher penalties if the sender sends an image intending to harass, threaten, or intimidate another. Alternatively, if you are a minor and you send a nude to someone who is not a minor, that person could be charged with child pornography, and therefore be marked as a sex offender. Although the charges were later reduced and the girl ultimately received counseling and probation, she could have faced years of confinement and mandatory sex offender registration had she been convicted of the more serious charges. Possessing child pornography, which can be obtained via sexting, is charged as sexual exploitation of a child and is a Class 6 felony in Colorado. As it relates to sexting, sexual exploitation of a child also includes sending unsolicited nude or sexual images to a child or soliciting a minor to send sexually explicit material.

• If you’ve been questioned by the police or charged with a sexting crime, you should speak to an experienced criminal defense lawyer immediately.
• The definition of “explicit sexual material” includes material that shows human genitalia or nudity, sexual activity, sexual conduct, sexual excitement, or sadomasochistic abuse.
• Under federal law, the act is legal if there are no minors involved, and the exchange is consensual.
• We hope to do the same for you, so please take a moment to speak with a member of our legal team.
• However, there are some situations in which sexting could lead to criminal charges.

What happens online can have real consequences

This means that in our example above, it doesn’t matter whether either party is an adult or a minor. Each could still be tried for possessing child pornography by sexting with their partner. To better understand Virginia’s law on sexting, we examine when sexting is considered a crime. We’ll also discuss the penalties for illegal sexting, as well as whether a minor is tried in juvenile court or an adult court when accused of sexting. If the accused is above fifteen, prosecutors may seek adult charges under certain circumstances, for example, when a minor commits a serious felony. If transferred to adult court, the minor must register as a sex offender upon conviction.

Girl, 12, victim of ‘deepfake’ bullying porn image

Because of that, sexting laws typically prohibit “receiving and keeping” any explicit images. The laws on sexting in some states will typically fall under the umbrella of child pornography laws. However, many states have expanded their laws regarding sexting and the act of sexting is specifically contained in laws regarding obscenity, the distribution of obscene content, and revenge porn. “Sexting, “which is a phrase that combines the words sex and texting, refers to a situation where someone sends sexually explicit messages to another person through electronic means. Examples include sending messages through text, social media, and e-mail.

• Misdemeanors are considered more minor crimes that are punishable by up to one year in county jail, not a federal prison facility.
• If convicted, you will be jailed for a term of up to 5 years, fined, caned or given any combination of these punishments.
• Additionally, an attorney can also assert any legal defenses that may be applicable in your specific case.
• If you are questioned or arrested by the police, you should give your correct name, age and address.

Distributing an indecent image of a child – e.g., sending it via text – is illegal, even if it’s consensually between two 17-year-olds. It’s very unlikely that a child would be prosecuted for a first offense, but the police might want to investigate. As children have no control over how and where images and messages spread online, sexting leaves them vulnerable to bullying, humiliation, and embarrassment, or even blackmail.

Soliciting and attempting to solicit a child to engage in sexual activity orally or through an electronic device is a punishable offense in Maryland. Another way that sexting could shift into illegal activity is when the images or messages obtained from another person are used to coerce or extort them. Often referred to informally as “sextortion,” this act typically involves a threat that the image will be released to the public if the sender does not meet certain demands.