‘Sexting’ carries stricter laws in Asia

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Child pornography charges are serious felonies that could result in years in prison and thousands of dollars in fines. What’s more, a conviction could lead a lifetime on the sex offender registry as well as a variety of other consequences. Arizona law prohibits juveniles from using electronic communication devices to send or exchange images of minors that depict explicit sexual material.

What Does Michigan Law Say About Sexting?

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In addition to consent, there may be additional legal defenses available based on local laws. In Georgia, crimes committed by individuals 17 and older are tried in adult criminal court. A felony conviction carries a sentence between one and 20 years’ imprisonment and a fine of up to $100,000. A conviction for a misdemeanor can be punished by a maximum of 12 months in jail, a fine of $1,000, or both. The law works under the assumption that the accused intended to harm the victim in any way, the photos are obscene or sexual, the person depicted did not consent, and the accused knowingly and intentionally shared the photos.

What States are Prosecuting Sexting Charges?

  • Usually, the person’s name, date of birth, criminal offense, and other details are made available online.
  • Even without sexual exploitation, simply possessing something sexual from a minor is enough to get punished.
  • This definition covers a wide range of potential pictures — even photographs that could potentially be sent as a joke, such as a snap of one person “mooning” the other.

While sexting is common among adults, it has also increased in popularity among teenagers. High school students have begun sexting, and it raises concerns about their safety. Young people may send images and messages to their friends, partners, or even strangers they meet online.

  • A person who creates, distributes, or possesses with intent to distribute child pornography commits a crime in the second degree.
  • But teens must understand that once they send an image to someone else, they lose total control over who sees it and where it goes.
  • However, the sender has little control over these messages becoming public.

Is Sexting a Crime in California?

It’s important to point out that a minor who sends or receives sexually explicit images to another minor can also be prosecuted, but the charge will be a Class C misdemeanor instead of a felony. Under Texas state law, sending a nude image to someone under the age of 18 can be prosecuted under Penal Code 43.24, which criminalizes the sale, distribution or display of harmful material to a minor. Meanwhile, possession of child pornography can be prosecuted under Penal Code Section 43.26. Sexting is not illegal when photos are shared between consenting adults.

If your civil rights have been violated, for example, if someone at work is making unwelcome sexual advances, requesting sexual favors, makes remarks about your sex, you may file a harassment suit against that individual. It is important to note that sexting, in certain situations, is illegal. Navigating these laws on your own is difficult, we recommend consulting with an experienced local defense attorney today. In other words, an unsolicited dick pic is a criminal offense in Texas.

“It can include descriptions and discussion of sex, nude or semi-nude photos, flirting, and expressing your sexual desires,” Hannah Meropol, Attorney at C.A. As mentioned, creating, sharing, and offering to share pictures or images depicting a child engaging in sexual conduct is a level 5 felony. However, if there is the use of force, the minor in the picture is below twelve, or if there are aggravating factors (harm, committing sexual acts in front of a child, and so on), the charges escalate to a class 4 felony.

If the defendant distributed the image to another person, the court, prosecutor, and defense can agree to a misdemeanor penalty so long as the defendant did not act to harass, intimidate, or embarrass, or to make a profit. A felony conviction carries a sentence between five and 20 years’ imprisonment and a fine of up to $100,000. The offense is considered a “sexual offense,” which requires a mandatory minimum sentence that cannot be suspended. A conviction for sexual exploitation of a child carries a possible sentence of one year in county jail, a $2,000 fine, or both.

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