While people of all ages may choose to use their phones to send sexually explicit photos, when sexting involves images of minors, it can be trouble. Sexting involves sending sexually explicit images or messages electronically, usually by phone. For most people, the biggest threat from sexting is having someone else find the images. The states that have adopted teen sexting laws target sexually explicit images sent by or between teenagers. High schoolers turning 18 are at most risk of facing sexting charges, child pornography charges, solicitation of a minor, revenge pornography, and related charges because, at 18, a teenager in the eyes of the law is an adult. For example, a 17-year-old girl sending nudes to an 18-year-old boyfriend -constitutes creation, distribution, and possession of child pornography in some jurisdictions.
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A person commits sexual exploitation of a minor by knowingly creating, sending, possessing, or exchanging (including electronically) any image of a minor engaged in exploitive exhibition or other sexual conduct. Exploitive exhibition means the showing of the genitals or pubic or rectal areas of a person for the purpose of sexual stimulation. Depending on the facts presented, prosecutors may choose felony or misdemeanor charges. Felony sexting in Indiana happens when an individual sends or receives photos depicting a minor engaged in a sexual act or the exchange of obscene images. In Arizona, it is illegal for a juvenile to possess, transmit, or display explicit material of a minor on an electronic device.
Michigan sexting laws and soliciting a minor
A person convicted of a class A felony faces a 20-year prison sentence and a $375,000 fine. Enhanced penalties apply if a person has multiple convictions for this or any other offense considered a “major felony sex crime.” Citing Roper, Graham, and Miller, the Colorado Court of Appeals held in In re T.B. Most laws governing sexting specifically address sexting involving minors. In these instances, it is a violation of both federal and state child pornography laws.
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What if the offender is a minor?
- You may have to register as a sex offender for violating the state’s child exploitation or pornography laws.
- For minors who suspect that they are being sexually groomed online, you should cease all communication with the culprit, take note of the culprit’s identity or username and take a screenshot before blocking him or her.
- As a result, the inclination to create, possess, or share sexually explicit images or videos electronically has become more common.
This is the age at which an individual can legally consent to sexual relations, whether it be physical acts or exchanging sexually explicit content. Anyone under this age cannot give consent, which is why adults sexting with minors is a form of child abuse. If not, taking reasonable steps to destroy the images or reporting the activity to the teen’s school, caregivers, or law enforcement are potential defenses. However, if you solicited, asked for, or in any way encouraged a child to create and disseminate sexually explicit images of herself. A “sexually explicit image” is defined as any electronic or digital photo, video, or video depiction of a person’s external genitalia, pubic area, anus, or buttocks, or a female’s breasts.
Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. The contact form sends information by non-encrypted email, which is not secure. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. Whether you are an adult or a teenager, sexting can create far worse problems, even if you don’t face legal ramifications.
State law determines the punishment for sexting, for example, in states that have sexting laws, punishment is normally probation, a warning, counseling, incarceration in the juvenile system, or a fine. There are circumstances under which sexting by adults could result in criminal charges. The state or federal prosecution may also get an order to have the phone company or company in charge of the communication software to produce records that may have been deleted. Taking reasonable steps to destroy or delete the photos or reporting the images to the appropriate authorities (the sender’s parents, school, or law enforcement) may save you from prosecution. That means a minor sending a nude selfie to another minor constitutes exploitation of a minor in that the minor who took the selfie exploited him or herself. Under this section, a 19-year-old person sexting with a 17-year-old minor may be charged with a crime if the 19-year-old receives a nude selfie of the 17-year-old.