A person, especially an adult, possessing those pictures and videos can be charged under Michigan’s child pornography laws. In some cases, even teens with these images can be criminally charged. Sexting, the act of sending sexually explicit messages digitally, has become increasingly popular in recent years.
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- In this article, we also give a guideline on how to tackle sexting among teens in the most effective and not awkward way.
- In general, sexual images of adults consensually sent and received are not illegal.
- He was sentenced in 2008 to five years probation and required to register as a sex offender until he’s 43-years-old.
- Since the advent of social media, text messaging and photo sharing apps, sexting has become a social phenomenon.
- From a federal standpoint, intent does not play a role in determining whether or not a crime has been committed.
- If you are an adult and have been accused of sending pornographic images of your self to an uninterested party, you may be charged with online sexual harassment or online stalking.
It’s not just the sender who might be penalized; if you receive and keep explicit content of minors on your device, you too can be charged, even if you never forwarded it. Digital consent is a murky area, legally speaking, yet it’s essential that the party sending explicit content has the explicit consent of the recipient, and vice versa. In most of the cases that the firm takes on, they are able to settle before you go to trial.
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If you have been arrested or charged with sexting it is important to speak with an experienced and reputable Pittsburgh Criminal Lawyer immediately for a free consultation. Please note, these kinds of charges can also fall under federal law, which has even harsher penalties. When asked why they engage in sexting, 40 percent of teenage girls respond that they do it as a “joke,” 34 percent say they do it to feel sexy and 12 percent say they are pressured into it. Watch Judge Tom below quickly discuss the risks of sexting including the state laws against it. Phillip was an 18-year-old student in Florida when he broke up with his 16-year-old girlfriend. After breaking up, Phillip became angry and in retaliation, sent the pictures to over 70 people including her parents, grandparents and teachers.
- When the sexting is between two consenting minors, the consequences are not severe.
- Depending on the state you’re in and your age, you could even be breaking a law when you send or receive a nude.
- “Sexting can take place via text, instant message, Direct Message on a social media platform, and email.” Meropol confirms.
- According to the Federal Trade Commission, sending nude images or posting nude pictures of someone without their consent can also be a crime and is coined as revenge porn.
- A conviction could result in a felony-level charge, which often involves a significant amount of time in prison and/or hefty fines.
Violation of the teenage sexting law is a class A misdemeanor, ordinarily punishable by up to one year in prison, a fine of up to $2,000, or both. Teenage violators, however, are generally prosecuted through the juvenile justice system, thus receiving punishments appropriate for juvenile delinquents. This may include, among other things, a warning, fine, probation, or commitment to Department of Children and Families custody for up to 18 months with a possible extension. Connecticut has a law that makes sexting between certain teenagers a crime.
Imagine a case of a sixteen-year-old girl who sends her sixteen-year-old boyfriend a nude selfie. If the boyfriend saves the image on his phone, he can be charged with possession of child pornography, even though his girlfriend took the picture just for him. In some states, the crime may be more serious if the boyfriend is eighteen or older. In Texas, for example, the boyfriend would be charged with an expungable misdemeanor if under eighteen but a felony if eighteen or older.
All but Illinois and Oklahoma also address the issue of minors receiving sexually-themed images. Even when the photo or message is being sent to a friend, sexting still violates child pornography statutes. While consenting adults are allowed to send each other whatever—otherwise legal—photos of themselves they desire, sending unsolicited lewd photos is an affront that the law decided it was time to address. If you have been charged with a digital crime, you need professional legal counsel on your side.
This means that the individual who received the unwanted sexual content, or had their private content shared without permission, can sue for compensation for emotional damages. A minor under 18 taking and sharing explicit photos of themselves could technically be held responsible for creating and distributing child pornography. This is also true for minors soliciting and receiving sexual content from other minors. Many view sexting as a harmless activity when it occurs between consenting adults, but it’s important to fully understand the potential pitfalls of engaging in this behavior.