Once those pictures leave your control you never know where they might wind up or when! At the end of the day, there is no safe way to send a sexual picture.
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Sexting Sexting — what is it? Sexting - is it legal? For example, a school teacher who sends a photo of his genitals to a student could be convicted of disseminating obscenity. Finally, an adult who shares nude or sexual photos of another adult without his or her permission or who sends unwanted sexts to another person could be charged with harassment or sued in civil court for causing emotional distress or other damage.
One common scenario is revenge porn— for example, when an ex-boyfriend who distributes private photos in an effort to get back at his ex-girlfriend. Penalties for crimes relating to sexting can be harsh, especially if a minor or image of a minor is involved. Child pornography laws can be very harsh; many impose years in prison for each image. Furthermore, in almost all states, adults convicted of child pornography offenses are required to register as sex offenders.
Sex offenders must provide their personal information to police officers, who may make the information public. Failing to register when required to do so is also a crime. Finally, registered sex offenders may be banned from certain jobs such as teaching or even from living near a park or playground.
Child enticement laws can also be very harsh, and the crime is often punishable by long prison terms. Usually, child enticement convictions also result in sex offender registration.
Obscenity laws vary greatly. In some states, disseminating obscenity to a minor is a misdemeanor punishable in most states by up to one year in jail.
In other states, the crime could be a felony punishable by one year or more in state prison. States' requirements on sex offender registration also differ for obscenity convictions. Harassment penalties also vary. Often, the penalty is a misdemeanor but can be enhanced to a felony for repeat offenses or threatening behavior. As more states enact " revenge porn " laws, harassing behavior can result in not only harsh criminal penalties but also civil sanctions.
If you are charged with a crime as a result of sexting, you should talk to a local attorney. Any criminal conviction can have very serious consequences, but the stakes are even higher when the crime is a sex offense involving a child.
This defense would be stronger if there is written evidence supporting it. For example, if there is a text messaging from the victim that provides permission to the other person to distribute the images, the consent defense can be raised. However, if one or both of the individuals is a minor it may be harder to use the consent defense.
Another defense could be mistaken identity, which may be harder to prove. If the person claims that they are not the one that sent the messages they can try to argue that as a defense.
Depending on the nature of the sexting and the age of the persons involved, some possible penalties for sexting include:. Since sexting is a newer thing, many states vary on their laws and penalties for sexting. Additionally, some states are still learning how they want to handle these crimes, especially when it involved minors. For example:. Sexting laws are very new, differ between the states, and are constantly under revision as more cases emerge and as the different technologies continue to evolve.
Because of this, hiring a local criminal attorney can be very beneficial if you need advice on sexting or are charged with a crime because of your sexting activities. If you are charged with a crime for sexting, an attorney can also determine if you have any defense available. Ashley Folk. Ashley is an attorney that specializes in legal writing and research.
Ashley started her career as a practicing litigator specializing in insurance defense and employment law. She now works as a legal writer and consultant for several established companies. Ashley also has many years of experience with remote employment. You can check out her Linkedin profile, here. Jose Rivera.
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