In Carey-Martin, the appellate court reviewed a 25-year mandatory prison sentence handed down by a lower court in a case involving teenage sexting. The defendant had been convicted on multiple counts of using a minor in a display of sexually explicit conduct, based on his actions in convincing several younger girlfriends to send him nude selfies. His convictions were considered “major felony sex crimes” under a sentencing enhancement provision enacted by state voters. While the appellate court agreed that sexting could be harmful, it held that the ballot measure intended to reach a small group of the worst sexual offenders, not the teen sexting conduct present in this case.
- A person convicted of a class A felony faces a 20-year prison sentence and a $375,000 fine.
- And if someone has already been convicted of this charge, or completed a diversion program for it, and is caught again, they will be charged with a class 2 misdemeanor.
- Chances are you’ve heard of the term “sexting” or the phrase “sending nudes.” You might have read about them, heard the phrase in a movie or TV show, or talked about them with your friends or your significant other.
- Criminal legal penalties will then differ depending on whether or not the parties to the crimes are adults or minors.
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- Instead, you may want to discuss your options with a criminal lawyer and get advice on how to proceed with your case.
- However, in other states, teen sexting can be a misdemeanor or a felony offense.
- Teens mostly do it to impress someone, persuade someone, show interest in someone, or display commitment.
- There is no exception under the law for two minors who consensually send pictures or videos to each other.
- Prior to the new law, the only option for criminal sexting charges for minors was felony exploitation of a child.
An adult who sexts a sexually explicit selfie to a minor may be charged with this crime even though sending the same image would not constitute a crime if the recipient was 18 or older. Under the statute, it is illegal to possess, consent, transmit, or employ, persuade, or induce a minor to engage in sexually explicit conduct. While we looked at the penalties of sexting from a legal perspective, there are the social ramifications of facing charges like this. Having a conviction for child pornography on your criminal record seriously adversely affect your life and can make it much more difficult to find a decent job. Additionally, Virginia’s law doesn’t make a distinction between adults and minors engaging in the production, distribution or possession of child pornography.
If you’ve been questioned by the police or charged with a sexting crime, you need to speak to an experienced local criminal defense lawyer immediately. Sexting can involve different criminal charges, and because these charges can differ so significantly between states, only a local attorney can provide you with legal advice about your case. Sexting is the sharing of nude or sexually explicit messages or photos, usually by smartphone or some other electronic device or means. But between consenting adults, the private sharing of nude or suggestive photos is generally not illegal.
When a sexually explicit picture, video, or other media depicting a child engaged in sexual conduct crosses state lines or international borders, the sender and receiver may face federal and state child pornography charges. For minors this rarely happens, but it may happen if the teen has prior convictions. According to the report, officers took the teenager’s phone while investigating another incident and discovered photos of himself and his girlfriend on the phone. Now, both the teenager and his girlfriend are facing charges for “sexting” in what appears to have been a consensual exchange of nude photos between two teens in a dating relationship.
(3) the receiver did not solicit, request, or otherwise try to obtain the image from the child. Our Michigan criminal defense sex crimes attorney, Nicole Blank Becker, has extensive experience defending clients against sex crime charges. Studies show that approximately 15% of teens have sent explicit sexual images or videos, and around 27% of teens have received a sext. The Judges in the JDR court have the flexibility to make decisions based on their own discretion much more than in other courts. They may decide that the best course of action is to have the juvenile offender go through a treatment program or do community service rather than serve time in a correctional facility. When a juvenile is tried in juvenile court, they are legally adjudicated delinquent rather than being found guilty of a crime as in adult cases.
This case is a good example of how sexting is much more than sending adult-rated content over the phone or computer. It’s actually a tool for grooming a minor and taking advantage of their curiosity, developing bodies, and need for emotional support. What these kids can end up with, instead, is deep psychological damage from the trauma of sexual abuse. 76-5b-203 “distribution of an intimate image” is Utah’s revenge porn law. Under the statute, it is unlawful to possess or disseminate explicit images without the consent of the depicted individual. It is also unlawful to manipulate images to create the appearance of an actual sex act.
The court may also order electronic monitoring, incarceration, or any suitable punishment. With that said, being accused of or charged with child pornography production, distribution, or possession in Michigan does not deprive you of the right to defend yourself. Better still, it doesn’t automatically mean that you’ll be found guilty just because you have been accused or arrested for this crime. Cybersex is a subcategory of online sexual activity where two or more individuals engage in sexual exchanges online for sexual pleasure.
Sexting may also be charged as a federal crime if it involves a minor taking part in a sexually explicit act or depicts a minor in a sexually explicit manner. On the other hand, if the act involves the exchange of pictures between two consenting minors, some states may only charge the persons with a misdemeanor. Misdemeanor penalties generally include smaller criminal fines and up to a year in jail. For teenagers, counseling on the dangers of sexting is a common form of discipline. Finally, an adult who shares nude or sexual photos of another adult without their permission, or who sends unwanted sexts to someone could be charged with harassment.