Technology is a big part of our daily lives, private and public. There is no shortage of apps that allow you to communicate with others near and far for a variety of purposes. But taking these communications too far could put you in quite the scary situation. What happens when your private sexting comes under scrutiny?
Chapter Overview
Sexting Defined
Sexting is defined as sending sexually explicit messages, pictures or a combination of both to someone or to people using an electronic device. The recipient can be anyone of any relationship to you of any age. Usually the age of the recipient is where the legal issues arise, however there are other instances that can be problematic. Securing an intelligent defense for sex crimes is a must if you are looking to avoid the jail time, registering as a sex offender and other unpleasantries that come with being charged and convicted of criminal sexting. Generally, sexting between adults that does not involve a minor is okay and not punishable by law. But there are some circumstances where sexting between adults is punishable by law.
In the Eyes of the Law
Many states don’t have laws that cover criminal sexting because it’s still a fairly new phenomena. In these instances, persons are typically charged with child pornography, child enticement, obscenity or cyber bullying. Because the problem with sexting is usually that the recipient is a minor or the content shows a minor, child pornography is the more likely criminal charge. Child pornography is images or video of a minor in the nude or performing sex acts. Even if both the sender and the receiver are minors, there can be legal consequences. Since recipients have no control of what someone sends them, some states differentiate between receiving and keeping. This means that receiving a criminal sext wouldn’t be unlawful, but keeping the text would be a criminal act.
Consequences
With so many states still developing laws to punish criminal sexting, there are some pretty hefty penalties that can come with pre-existng punitive measures for child pornography. Keep in mind that the severity of the penalties will vary with the age and history of the offender. Whether you’re convicted of a misdemeanor or a felony, will be up to a judge. Here are some of the penalties:
- Register as a sex offender.
- Fines.
- Community service.
- Court-ordered professional counseling.
- Probation.
- Incarceration or house arrest.
Any legal matter can be stressful, but when you’re facing criminal charges, you really shouldn’t attempt to navigate the system on your own. Whether you’ve been questioned by the police or have been charged, don’t wait to reach out to an attorney. The consequences of a conviction are lasting and will change the way you live and move in this country. Not only will you have a conviction (which could be a felony), but you may not be able to hold certain positions or jobs, you will be restricted in where you can live and more.