Did you know that teens might be guilty of committing crimes by the text messages they receive and send via their mobile phones? SMS, DM’s, Snapchats as well as other digital messages could be in violation of state law if they include explicit images, sexual content or video.
However, what happens if you sent naked photos to people you’re currently in a relationship with? What if you get explicit or sexts that you don’t like? (We are all likely to know there’s someone who we’re trying not to get naked).
Every state has laws that prohibit minors from communicating or receiving sexually explicit photos of minors this includes either you or a minor. Certain states are able to make sexting a crime. Before you click “send” to send that cute photo, ensure that you’re not doing anything illegal.
Find out more about sexting, and the law within the comic by FindLaw in the following article:
What’s the difference between sexting and extortion?
Sexting is a clever word that is derived from the combination of “sex” along with “texting” which entails transmitting explicit images or content via your mobile phone. Sexting can be either text or images-based.
Sexting doesn’t have to be illegal. Adults who are consenting can usually send sexually explicit pictures and texts without being guilty of committing sexual crimes. Sexting by teens that involves minors could be a federal or state criminal offense. This could even be a violation of the laws on child pornography.
Sexting Laws
A growing number of states are adopting laws to prohibit sexting by minors. Many states with laws against sexting make sexting unintentional criminal activity that is a misdemeanor. Sexting is a crime committed by minors of sexting whenever they utilize a device such as a computer, or an electronic device for sending pictures that display nakedness.
States with no specific laws on sexting could charge minors for possession of explicit material on digital media. In order to prove that, the prosecutor has to demonstrate that you had the intention of using either an electronic device or media in order to:
- Create
- Send
- Transmit
- Post
- Share
- Possess
Every photograph, digital picture or depiction in visual form of sexuality, nakedness or any other action. In order to defend yourself against such charges the criminal lawyer will need to prove that youhave:
- Do not ask for the content in digital format.
- Did the right thing to disclose the contents to appropriate authorities
- Do not make use of or disseminate the contents.
Certain states permit teens who are accused of sexting to be enrolled in remedial counseling and education that is provided by the juvenile court. This can be offered as an alternative to prosecuting.
In what situations is sexting Child Pornography?
Possessing, creating, or distribution of images depicting sexually explicit actions that involves a minor could fall in the scope of federal and states’ child pornography possession law. Penalties can be as severe as fines and imprisonment, and not just social work. It’s not necessary to repeat ourselves too often However, charges of child pornography are very serious.
In certain cases, people who are found to be in violation of lawful child pornography may need to be registered as a sexual offender. It is basically an additional penalty that is imposed for a long time after the completion of your sentence. This is as it’s extremely difficult to remove your name from the register.
Chats that disappear from services such as Snapchat, Instagram, and Facebook appear to allow sexting to be easy and are popular among teenagers. The users can turn on “Vanish Mode” to automatically erase messages when your friend glances at them. It seems like the ideal Sexting situation.
You don’t have to pose for a photo but. It only takes an image to forever take a photo or text regardless of whether it’s using vanish mode. If you hold on to these photos and then take them to share after breaking off with your lover it could be a violation of the laws governing revenge porn. Be sure to think ahead before you make a decision to send!