Is Sexting Legal?

Is Sexting Legal?

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. If you have taken a photo of your girlfriend nude with her consent and sent them to others without it, then you could be charged under the “revenge porn” laws of California.

The bottom line here is to always get consent to both take and send photos of your significant other in order to avoid criminal liability.

The Limits Of Sexting

What is called sexting does have its limits. It is illegal under California law to possess, produce, or distribute sexual images of individuals under the age of 18. The law applies even if you are under the age of 18. Although it is unlikely that two teenagers who swap nude photographs of each other will be charged with child pornography, they will still have to appear before a judge and may be required to complete counseling or community service.

It is also important to note that if you are over 18 and the person who sent you nude photos is under 18, you will be charged.

The Seriousness Of The Charge

If you are facing the charge of child pornography because of sexting, you must take it seriously. Penalties for conviction can include 18 years in prison, a $100,000 fine, and mandatory lifetime registration as a child sex offender.

The last of these will ruin your life. If you are registered as a child sex offender, you will be forbidden from doing any work that involves children. Indeed, you may find it impossible to find employment at all. In some states, you will be banned from living in any neighborhood or apartment complex in which there are children, which would make it difficult for you to find a decent place to live. Even banks have been known to turn down credit and loan applications of individuals who have this specific criminal offense on their record.

 

How An Attorney Can Help

You need not resign yourself to such an awful fate because of a misunderstanding or a mistake. If you have been charged with sexting, your first move should be to retain the services of a Rancho Cucamonga criminal defense attorney. They will be eager to get your side of the story. The attorneys at Newman & Allen will work closely and confidentially with you and will also carefully review the evidence held by the authorities.


Even if the facts of the case are not in your favor, there may be circumstances that will enable your Rancho Cucamonga criminal defense attorney to get you a reduced sentence.

If you are in trouble with the law over sexting, contact Newman & Allen for a confidential consultation today. We can help you get through it.

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