Sexting laws furnish legal penalties for “sexting.” Sexing is the sending of illicit pictures or messages of a sexual nature between electronic devices.
This usually indicates that the individual sending the pictures is sending explicit photos of themselves through various means, including:
- Cell phone text messaging
- E-mails
- Cyber chat
- Social media websites
- Various other means of electronic communication
Sexting is categorized as a crime that can result in various legal penalties. The penalties often hinge on the nature of the act. In particular, the individuals’ age is usually the main focus due to the concerns regarding child pornography and other related charges.
What Is Sexting?
Sexting is defined as transmitting sexually explicit messages, primarily through the use of cell phone text messaging. The messages usually contain illicit photographs or video links depicting the individual sending them.
They can be sent from one individual to another, and sometimes they may be sent to mass recipients.
What States are Prosecuting Sexting Charges?
Many states set criminal penalties for sexting. Sexting usually falls under the umbrella of child pornography laws. Sexting is expressly prohibited in several states, and at least 20 others are considering criminalizing the act. Some states known to prosecute for sexting charges include Indiana, New York, Ohio, Pennsylvania, Virginia, and Wyoming.
Depending on the images sent, sexting may also be a crime under federal law. Federal law also criminalizes compelling a minor to participate in sexually explicit conduct.
What Are the Penalties for a Sexting Charge?
In most states, sexting is deemed a felony if pictures of minors (persons under the age of 18) are received or are in possession of an adult. This results in charges similar to possession of child pornography.
Penalties vary depending on whether the defendant is a minor or an adult.
Juvenile Penalties
- Warning: Juvenile judges can give the juvenile a verbal warning that can later be elevated if the offense happens again.
- Fines: Fines in each state differ, but they can be substantial in some cases.
- Community Service: A juvenile may have to perform any number of community service hours.
- Counseling: The court may order a juvenile to attend therapy
- Probation: A juvenile may get a probation officer from the court and must report to a probation officer daily. The probation may also require the child to maintain specific school attendance and GPA.
Adult Penalties
- Jail Term: An adult found guilty of possessing child pornography could be in prison for five years or more, depending on the age and nature of the photos or messages.
- Fines: Fines could amount to well over $5,000 depending on the severity of the pictures sent to the minor.
- Sex offender registry: Adults and even juveniles convicted of a sexting crime are sex offenders and must register themselves with a state sex offender registry.
What Are the Legal Consequences of Sexting?
In most states, sexting is considered a felony if images of minors (persons under the age of 18) are obtained or are in possession of an adult. This results in charges of, or similar to, possession of child pornography. There is some debate about whether the charges would change if the recipient of such images is also a minor.
Lastly, there is also debate whether criminal charges would lie if both the sender and recipient have consented to such communications. Presently, even consensual sexting communications between minors are considered to be at least a misdemeanor charge (it can still be a felony in some jurisdictions).
What Is A Felony Crime?
There are two classes of crimes: misdemeanors and felonies.
Misdemeanors are considered more minor crimes that are punishable by up to one year in county jail, not a federal prison facility. Alternatively, felonies are deemed more severe crimes typically punishable by imprisonment in a federal prison facility for more than one year.
Generally speaking, there are crimes against property and crimes against a person. Crimes against property involve crimes that are directed at someone’s house, as well as crimes against personal property. In comparison, crimes against the person involve bodily harm or injury to another individual.
What Are The Penalties For Felony Crimes?
A person convicted of committing a felony crime generally faces prison time of over one year and considerable fines and penalties. They may also be required to pay restitution to a victim.
Restitution involves paying the victim for losses caused by the defendant’s commission of the felony. An example of this would be how if a defendant commits the felony of aggravated battery and the victim suffers extensive injuries which require medical treatment, the defendant can be ordered to pay restitution by covering the cost of the victim’s medical bills.
Under some circumstances, the defendant can also be sued in civil court by the victim. The victim may be able to recover monetary damages for:
- Physical and mental injuries;
- Pain and suffering; and
- Medical expenses.
It is essential to note that the commission of a felony carries additional penalties. A person who commits a sex offense felony, such as rape or child pornography possession, may also be required to register as a sex offender.
In many states, those who commit felonies forfeit their right to vote. Additionally, many states have regulations restricting released felons from engaging in a specific activity that would otherwise be lawful. An example of this would be how many states terminate professional licenses such as law licenses and firearms permits.
Is Sexting Linked to Other Illegal Actions?
In addition to the consequences directly linked to sexting charges, many other legal matters can involve sexting.
These include:
- Defamation and slander: This is particularly common among younger individuals in school who have had their reputation tainted by unauthorized distributions of lewd pictures through mass emails or texts.
- Cyberbullying: This can also occur if the pictures get distributed to other peers without the individual’s consent.
- Stalking: There have been issues with adults stalking minors after obtaining or getting a hold of illicit sext messages.
Lastly, sexting laws can also work the other way around- for example; harassment charges can result if a person is constantly sexting another person to harass them.
What Are the Defenses of a Sexting Charge?
In most illustrations, the best defense to sexting charges is that of consent. If both parties consented to the sext messages, they might face misdemeanor charges rather than felony charges. Nevertheless, consent would not matter if one of the parties is a minor.
Additionally, there is a growing legislative movement to do away with felony charges for sexting. Teens engaging in consensual sexting would only receive misdemeanor charges. Many states are now implementing these changes.
Nevertheless, felony charges will remain for adults who engage in sexting and teens who engage in sexting without the other individual’s consent. Be sure to double-check with an attorney or your local municipality for the details of your jurisdiction’s sexting laws and possible defenses.
How Can Sexting Be Prevented?
Parents concerned about whether their kids are engaged in sexting should discuss the risks involved in such practices. Sexting has led to incidents of abuse and can often cause significant damage to the teen’s reputation and social life. As mentioned, sext messages can easily be distributed to a large group of individuals or classmates.
Parents should also notify their kids of the severe legal consequences of sexting. Parents will not be held liable for children who choose to send sext messages. However, the parent may become responsible for other negligence or child neglect matters. This can happen if they know that their child is in a dangerous situation and yet fail to take steps to report or stop the wrongdoing.
Do I Need a Lawyer for Help with Sexting Charges?
Sexting can result in some dire legal and criminal consequences. It’s in your best interests to hire a criminal lawyer if you face criminal charges. Your attorney can provide you with legal representation and defense strategies for your case. Also, your attorney may be able to specify which defenses might apply to a particular case.
