It’s gotten to the point that we use our phones for just about everything, and teens – who were raised with smartphones in their hand – tend to take them for granted. Our phones have become an extension of us, and the convenience is impossible to deny.
When phones are used as agents of flirtation, it’s usually not a problem for consenting adults, but when teens turn to their phones to send nude photos between themselves, it can translate to legal problems. When the back-and-forth is between an adult and a teen, the matter is that much more serious.
If you’re facing a charge related to sexting, don’t wait to consult with an experienced Round Rock criminal defense attorney.
The Evolution of Sexting
Teenagers communicate with one another almost entirely via electronic means, and texts, instant messages, and DMs are generally the tools of choice. Teens being teens, flirtations are only natural, and sending risqué messages that all too often include nude photographs of themselves is a common practice that simply wasn’t possible in the not-too-distant past.
The law has a difficult time keeping up with the lightning speed of technological advancements, but when it comes to sexting, the courts have begun to address the issue, and it often puts teens – who will be teens – in a difficult position.
Sexting Defined
Sexting refers to sending sexually explicit photos, videos, or images electronically, and it’s a common practice among teens. In fact, DoSomething.org reports all the following statistics:
A full 24 percent of teens between the ages of 14 and 17 have engaged in a form of nude sexting.
About 15 percent of teens who’ve sent or posted nude or semi-nude photos or videos of themselves did so to unknown recipients they met online.
Approximately 11 percent of teen girls between the ages of 13 and 16 have sent or received sexually explicit messages.
About 17 percent of teens who receive sexts share them with others, and about 55 percent of these recipients share them with still more people.
While sexting between consenting adults isn’t generally a problem – as far as the law is concerned – the matter becomes far more challenging when the subject is a teen, which is classified as child pornography. The negative consequences of sexting go beyond damaged reputations and the embarrassment of being seen in the buff and can include criminal charges.
Sexting between Teens
Sending nude photos electronically is a crime in the State of Texas, even when no adult is involved. The law prohibits a minor from intentionally or knowingly sending another minor an obscene photo or video – or a photo or video of a minor engaging in a sexual act – when they know the subject of the photo or video is a minor.
Charges
A first-time offense is generally charged as a Class C misdemeanor, which carries no jail time but can lead to fines of up to $500 and significant social implications. If the charge was sent with the intention of bullying, harassing, or embarrassing, it can be increased to a Class B misdemeanor, which carries up to 6 months in jail, fines of up to $2,000, and serious social consequences.
A second or subsequent offense is more serious still and can lead to a Class A misdemeanor charge that carries up to a year in jail and fines of up to $4,000.
Complicating Factors
When it comes to sexting and the law, things get more complicated from here. For example, when a 16-year-old high school girl sends a nude photo of herself to a 16-year-old classmate whom she has a crush on, it’s illegal.
However, if the two are dating, the law allows them to send sexually explicit photos to one another, but forwarding the photos on to anyone else is against the law.
Romeo and Juliet Law
When one of the people in the dating relationship is a minor – or is under the age of 17 – and the other is not, sexting is legal only in those instances when the older partner is no more than two years older than the younger partner. This is commonly referred to as a Romeo and Juliet law that allows teens to date without breaking the law.
The basic elements of the Romeo and Juliet Law, as they apply to sexting, include all the following:
The youngest party must be at least 14.
The age gap between the two can’t be more than two years.
Both parties must be consenting.
Neither party can be a registered sex offender.
The Age of Consent
In Texas, the age of consent is 17 years old, which means a 17-year-old can legally have a sexual relationship with anyone else of any age – as long as the other person is at least 14 and is no more than 3 years younger than the 17-year-old – under the Romeo and Juliet law.
While the law allows an age difference of up to three years for sexual activity, the allowed age difference for sexting is two years.
This means that while it is legal for a 17-year-old to have sex with someone who is 20, sending a nude text to the same 20-year-old is against the law and can lead to serious consequences. Ultimately, a sexually explicit photo of anyone who is under the age of 18 is child pornography in Texas, and child pornography charges are serious.
Child Pornography
The knowing or intentional possession of a sexually explicit photo or video of anyone under the age of 18 amounts to the possession of child pornography. The knowing or intentional access with the intent to view also qualifies, and the parameters for defining something as child porn include both the following:
The visual material depicts a child who is under the age of 18 at the time captured.
The minor or minors depicted were engaged in sexual conduct.
It is against the law to knowingly and intentionally possess any depiction of a child under the age of 18 engaging in sexual conduct, and this includes in the context of sexting.
A Child in Possession of Child Pornography
The bottom line is that a minor can be charged with possession of child pornography – as difficult as that may be to grasp. This includes being in possession of materials deemed child pornography as well as sharing such material with others.
Defenses
Another defense against criminal charges when a teen is in possession of child pornography is proving that all the following apply:
The teen didn’t produce the material themselves.
The teen wasn’t aware that another teen produced the material.
The material was sent to the teen by another minor.
The teen deleted or destroyed the pornographic depictions within a reasonable amount of time.
Child Pornography Charges and Penalties
The charge of child pornography is generally brought as a third-degree felony for a first offense, which is punishable by from 2 to 10 years in prison and fines of up to $10,000. For a second offense, the charge is likely to be a second-degree felony that carries from 2 to 20 years in prison and fines of up to $10,000.
After a second offense, the charge can be elevated to a first-degree felony, which carries a sentence of 5 to 99 years in prison and fines of up to $10,000. Any of the following can serve as a charge enhancement:
The child depicted is under the age of 10.
There is a large amount of pornographic material involved.
The accused works in a childcare facility.
Those convicted of child pornography generally are not eligible to receive probation in lieu of prison time. Further, a child pornography conviction requires registry as a sex offender.
All of this is in addition to the social consequences of a child pornography conviction, including all the following:
Difficulty finding or keeping a job
Difficulty renting a place to live
Difficulty obtaining a home loan
Loss of the right to possess a firearm
Loss or limitations to professional licensure
Loss of voting rights
Losses in relation to child custody and parenting time
Loss of social standing
Immigration concerns
Unwelcome Sexting
Regardless of the age of the sender or recipient, it is illegal for anyone to sext someone else when doing so is unwelcome. Unwelcome in this context means that the recipient neither requested the exchange nor gave their consent. Sending unwanted sexually explicit texts, photos, or electronic messages is a Class C misdemeanor that carries up to $500 in fines.
FAQ
Charges related to sending sexually explicit materials electronically – or sexting – is illegal in the State of Texas, and the related laws are complex. The answers to some of the frequently asked questions on this topic may help you with your own.
Can harmless texting between teens really be against the law?
The short answer to this question is that, yes, seemingly harmless texting between teens can be against the law. The photos themselves are examples of child pornography, and the only time teens can send them back and forth between themselves legally is when all the following apply:
The teens are in a dating relationship.
There is no more than a two-year age difference between the two teens.
The photos sent don’t depict anyone other than the sender themself.
Neither of the teens sends the materials on to anyone else.
Can a teen be charged with child pornography?
Yes, in the State of Texas, a teenager can be charged with child pornography if they are in possession of sexually explicit photos of a minor or if they send sexually explicit photos of themself. The law, however, takes the involved circumstances into consideration, and the following can serve as mitigating factors:
The teen didn’t produce the material themself.
The teen isn’t aware that another teen produced the material.
The material was only shared with a romantic partner who is no more than two years older or younger than the teen.
Is it a felony for a teen to sext with an adult?
Yes, an adult can face a felony charge for sending a sexually explicit photo to a teen and for willingly receiving a sexually explicit photo from a teen in Texas, and more than one charge can apply.
Seek the Legal Guidance of an Experienced Round Rock Criminal Defense Attorney Today
Brett Pritchard at The Law Office of Brett H. Pritchard is a compassionate Round Rock criminal defense lawyer with decades of experience successfully defending the legal rights of clients like you.
Your future is too important to leave to chance, so please don’t wait to contact or call us at 254-781-4222 and schedule your free consultation today.