In today’s world, technology has and will continue to change a lot about the legal system. Not only has it birthed a new area of criminal law, but it has also permeated our daily lives in a way that makes it impossible to avoid and communicate without. Sexting refers to sending, forwarding, or receiving sexually explicit photographs or messages via text, computer, or any social media marketing platform.
Between consenting adults, sexting is private and completely legal. Where the law gets tricky is when there is speculation regarding either party’s age, the content shared, or the extent of either person’s involvement.
What If the Other Person is Underage?
When one party is underage, sexting quickly becomes illegal. In fact, the consequences of sexting with a minor are monumental, as it is considered a violation of PC 311, California’s law on child pornography. Many teens have adopted sexting as a normal part of dating culture and see nothing strange or wrong with sharing photos with each other. If the two people sexting are both under the age of 17, the state of California does not hold them to any legal responsibility.
As with any sexual encounter, consent is vital. Underage teens cannot legally give consent to an adult, which is why if you are the adult in the situation, you are expected to refrain from partaking in sexually explicit conduct with minors, even if the underage person is actively pursuing the relationship and volunteering graphic content.
If convicted of a sex crime with a minor, you will be subject to jail time, fines, probation, community service, and, perhaps the most damaging, required registration to the sex offender’s list.
Lessem, Newstat & Tooson, LLP Fights For the Truth
At Lessem, Newstat & Tooson, LLP, we are a team of defense attorneys who will go above and beyond to ensure your name is cleared. Our advocates realize that few things are as damaging and devastating as a criminal conviction, especially a sex crime, which is why we refuse to sit back and watch your future be thrown away. Allow us to fight for the truth and exonerate you from all accusations.
Would you like to schedule an initial case evaluation? Call (888) 501-6370 today.
