State-by-State Differences in Sexting Laws

Choose a Girl

Usually, the person’s name, date of birth, criminal offense, and other details are made available online. Finally, registered sex offenders may be banned from certain jobs (such as teaching) or even from living near a park or playground. With that being said, eventhough there are not specific sexting laws in Michigan, the act may lead to criminal charges under the child pornography law, especially if minors are involved. It is illegal under California law to possess, produce, or distribute sexual images of individuals under the age of 18. It is important to know the law before you send a sexually explicit or suggestive image by phone. If you and the person you are dating are over the age of 18 and you have exchanged sexually explicit images of yourselves with each other, that is your business and it is completely legal.

When Does Sexting Become a Crime?

He can help you understand your rights and prepare a sound legal case. He will do everything to aggressively fight for your rights, your freedom and your future. Having an experienced Pittsburgh Juvenile Crime Lawyer who knows how to defend your child’s rights could help to reduce sentencing, or even have the charges dropped altogether, through expungement or suppression of evidence. Texas lawmakers got to work creating stricter bullying laws after David Molak, age 16, died by suicide in 2016 in San Antonio, after he endured relentless cyberbullying.

Accused of Illegal Sexting? Call Attorney Cherella

A person, especially an adult, possessing those pictures and videos can be charged under Michigan’s child pornography laws. In some cases, even teens with these images can be criminally charged. Sexting, the act of sending sexually explicit messages digitally, has become increasingly popular in recent years.

Which States Have Sexting Laws?

However, individuals who send images aren’t the only ones who can face criminal charges. If a person receives or possesses sexts and doesn’t report it to a parent, guardian, teacher, or police officer, nor destroys it, can also face penalties. Besides the prison time and fines, anyone convicted of illegal sexting must face sex offender registration on Michigan’s public Sex Offender Registry. Studies show that approximately 15% of teens have sent explicit sexual images or videos, and around 27% of teens have received a sext. At Shane Phelps Law, our team of attorneys has over 30 years of combined experience defending clients against a wide range of criminal charges.

• The experience is based on data from the respective state bar association, where this information is available.
• Being aware of the legal landscape and the permanence of your digital footprint are the first steps in navigating the complex web of digital interaction with confidence.
• This means that in our example above, it doesn’t matter whether either party is an adult or a minor.
• Much like adults, children involved in illegal sexting could face harsh punishment under child pornography laws.

“Sexting” refers to the sending and receiving of sexually explicit or nude images through texting, social media, messaging, email, or other electronic means. Once again, the crime of sexting may be charged as either misdemeanor charges or a felony, dependent on the nature of the sexually explicit content, as well as the age of the sender and recipient. Failure to register as a sex offender is a felony and can lead to prison time and thousands of dollars in fines. In 2012, Pennsylvania passed a law that made sexting a misdemeanor or summary offense for teenagers.

While §43.261 of the Texas Penal Code focuses on the actions of teenagers spreading illicit images of minors, §43.26 has no such age limits or age-related defenses. An individual who sends unwarranted sexts could be charged with harassment. This is the case if they are asked to stop, but continue sending explicit content to an unconsenting receiver. As a general rule, sexting between adults may be criminal but is not likely to be prosecuted by the authorities, while sexting between minors or between an adult and a minor is almost always a crime that will be prosecuted. Some could not be prosecuted because they are unconstitutional, while others just aren’t prosecuted because they aren’t considered as offensive as they were more than a hundred years ago when the laws were written.