When sexting involves minors, it violates state and federal child pornography laws. But these laws can be very broad. For example, federal law considers any sexually suggestive image of a minor to be child pornography. The government can sue anyone for the production, distribution, receipt and possession of child pornography. Since January 2011, minors who are victims of sexting are generally not charged under child pornography laws, but may instead be sentenced to supervision, counselling and/or community service. You do not have to register as a sex offender. Anyone 18 years of age or older who has sexting with a minor can still be charged and prosecuted under Illinois child pornography laws. Kentucky does not currently have a specific sexting law. Anyone, including a minor, can be prosecuted under Kentucky`s child pornography laws for creating, distributing, or possessing sexually explicit material by a minor. In 2010, the Commonwealth proposed a law to combat sexting, but it failed and has not yet been re-examined.
Mississippi does not currently have a sexting law. Anyone who creates, possesses, or distributes sexually explicit images of a minor can be charged with child pornography in Mississippi. There have been discussions to create a sexting law, but the legislative proposals have not yet brought about any changes. Mississippi`s child pornography laws carry up to 40 years in prison, a fine of up to $500,000, depending on applicable law. Convictions for child pornography require the registration of sex offenders. Ohio does not currently have a sexting law. Anyone, regardless of age, can be charged with sexting under the state`s child pornography laws. It is a second-degree crime and, if convicted, a minor can be asked to register as a sex offender. Ohio`s child pornography laws are also punishable by up to eight (8) years in prison and a fine. House Bill 473 was passed by the Ohio House of Representatives in 2010, which would include a sexting law that would reduce the charge for minors to a misdemeanor; However, this matter was brought before the Senate and was not adopted. As we discussed, state laws vary widely. Some state governments, such as California, are even still debating it.
Below is a link to more information about your state`s specific sexting laws. New Mexico has no sexting law and makes no exceptions for minors. Anyone who possesses, creates, transmits, or distributes sexually explicit material involving a minor can be charged under New Mexico`s child pornography laws. Intentional possession of sexual material involving a minor is punishable by up to 18 months in prison. Dissemination is punishable by up to three (3) years` imprisonment. Encouraging or allowing a minor to participate in sexual situations shall be punishable by up to three (3) years` imprisonment, unless the child is under 13 years of age, in which case a person shall face up to nine (9) years in prison). The production of sexually explicit material involving minors will be punishable by up to nine (9) years in prison. All offences must be registered as sex offenders if convicted. Sexting with a minor is considered a strict liability crime in many states.
This means that a person can be held responsible for sexting, regardless of their intention or mental state during sexting. It is important to know this, because even if the recipient believed that a minor was an adult during sexting, he can be prosecuted. Probation. Repeat offenders or teens involved in serious sexting may need to report to a probation officer, stay in school, and comply with other court orders. If your child is involved in sexting, you should determine if it is a legal issue. If this is the case, you should contact a lawyer who has experience dealing with sex crimes. Even as a parent, you need to be careful not to see and share sexual content, as you could be charged with possession of child pornography. Utah was one of the first states to pass a sexting law in 2009. It is considered an administrative offence if minors engage in sexting, provided that it is the first offence.
Subsequent offences are charged with crimes. Currently, there is no law regulating sexting in Washington State. Anyone who creates, transmits or possesses the image of a minor involved in a sexually explicit act can be charged under child pornography laws. Possession of sexually explicit material depicting a minor is a Class B crime punishable by up to 10 years in prison and/or a fine of $20,000. The distribution or transfer of the material is a Class C crime punishable by up to five (5) years` imprisonment and/or a fine of $10,000. A conviction for one of the two offences requires a defendant to register as a sex offender. In the United States, a minor (under the age of 18) who engages in sexting is tried by the juvenile justice system with a different punishment structure than the ordinary adult justice system. Common penalties for sexted minors include: Since July 2013, Georgia has made the practice of sexting a misdemeanour or a crime when it comes to sexually explicit material a misdemeanour or a crime.
(It depends on the facts of the case and whether or not harassment or bullying was used against the represented minor.) House Bill 156 states that this is a misdemeanor charge if the person depicted was at least 14 years of age at the time the image was created, the person in possession of the image is not over 18 years of age, and the person depicted consented to the creation and distribution of the image. The electronic supply of obscene material to minors is also an offence if the person receiving the material is at least 14 years of age and consents to the receipt. Virginia does not currently have a sexting law. The creation, distribution or possession of sexually explicit material depicting a minor may be charged under The Commonwealth Children`s Laws, regardless of age. In addition, these are separate criminal charges and may be charged with up to three separate offences. If convicted, a person must register as a sex offender. It doesn`t matter if a minor took a photo or video of himself – the charge can be punished with up to 20 years in prison if the photographed minor is 15 years of age or older, or up to 30 years in prison if the minor is under 15 years of age. Possession of child pornography is a Class 6 crime punishable by up to five (5) years in prison. Distribution is punishable by up to 20 years in prison. Indiana does not currently have a specific sexting law. Regardless of age, people caught sending or receiving sexually explicit material from a minor can be charged under the state`s children`s laws.
Indiana lawmakers have initiated several sexting laws over the years to change child pornography laws for minors who engage in sexting, but nothing has happened yet. Under Indiana law, possession can be punished with up to three (3) years in prison and a fine of up to $10,000. Distribution or creation will be punishable by up to eight (8) years` imprisonment and a fine of up to $10,000. Every convicted person must register as a sex offender. There are many reasons why people engage in sexting. For most people, it`s just digital flirting, but in some cases, it`s blackmail that`s more serious. It can also be a form of victimization when people have conflicts in their relationship or during a breakup. Some examples are; Sexting or digital chats in which pornographic images are exchanged and one person is 18 years of age or older, but the other is under 18 years of age, can result in federal criminal charges for child pornography and sexual exploitation of minors.
Sexting is the act of sending explicit images to another person using digital devices. The act is illegal and can be punished with very high prison sentences if the images are of minors or if a minor is responsible for taking photos of themselves or sending them to someone who is 18 years of age or older. Cell phones are everywhere these days, so sexting and sexting laws have become a hot topic in the media. The New York State law is one of the most lenient when it comes to sexting. In 2011, a sexting law for minors was passed, requiring that two people who engage in sexting are both under the age of 20 and separated from each other within five (5) years. .