Sexting

Sexting is a term used to define sending sexually explicit text and images through electronic devices. This includes devices such as cell phones and computers. Many people charged with this crime are minors. As a result, in some states teenage or child sexting is a crime that carries legal punishments that both adults and children should be aware of.

What is Sexting?

Sexting occurs when sexually explicit material is shared between people through an electronic device. This crime most often occurs through text messages but it can also occur through the use of email accounts, webcams, and cameras. A sexually explicit image can range from semi to full nudity and can (but does not have to) include explicit sexual activity.

The legal age of consent in Connecticut is sixteen years old. This means that anyone sixteen and older can engage in sexting with another person who is also sixteen or older. If a person is under the age of sixteen, they cannot send sexually explicit images of themselves to someone who is under the age of 18. Alternatively, a person under the age of 18 can’t possess sexually explicit material of a person who is under the age of sixteen. It is illegal for a person to receive or ask for sexually explicit pictures from a person who is under the age of sixteen years old.

A person faces sexting penalties in these situations, which could be charged as a misdemeanor or a felony depending on specific factors of the situation. If the sender is under the age of 16 and sending a picture of themselves to someone under the age of 18, sexting can be charged as a misdemeanor.

If a person knowingly accepts and possesses such pictures of a minor and the recipient is over the age of 18, and the picture is not of the sender, they are committing either child pornography in the first degree, child pornography in the second degree, or child pornography in the third degree.

If a person requests such pictures from a person under the age of sixteen, he or she is committing either risk of injury to a minor and or enticing a minor.

If a person sends sexually explicit pictures or sexually explicit messages to a person under the age of sixteen then he or she is committing risk of injury to a minor.

Sexting When Close in Age

It is illegal for a person to engage in sexting with another person under the age of sixteen years old even if both parties are under the age of sixteen. If a person sends or possesses a sexually explicit picture of a person under the age of sixteen then he or she is committing possessing or transmitting child pornography by a minor.

An example to clarify this is if a fifteen-year-old girl sends a picture of her naked body to a fifteen-year-old boy. The fifteen-year-old boy does not notify the police and decides to keep the picture. Both the fifteen-year-old girl and the fifteen-year-old boy are committing possessing or transmitting child pornography by a minor. Even if these people are engaged in a relationship, and they informally consent to the sending and receiving of the picture, they cannot legally consent. As a result, this form of sexting is illegal.

Regardless of the intention, sexting falls under the child pornography law. Some teens are prosecuted for child pornography under child pornography laws. And, some of these cases have ended in conviction. Punishments for child pornography due to this crime include jail time, fines, and probation. What’s more, these teens must register as sex offenders.

Getting Help

If your child has been charged with sexting, you want to avoid a conviction of this charge if you can. In order to get your child help, you should contact a juvenile defense lawyer as soon as possible. In some cases, you might be liable for your child’s actions, particularly if you pay for or own the device that the sexting took place on. You should discuss these potential issues with an attorney.