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It is a crime to use the internet or a mobile phone to ask anyone  who is or appears  to be under the age of 18 to send you a sexy pic. Asking someone to make and send child pornography  carries a maximum penalty of up to 15 years in jail. Under Maryland criminal code section “sexual solicitation of a minor,” solicitation refers to commanding, authorizing, urging, enticing, requesting, or advising a person to engage in unlawful sexual conduct. As mentioned, a class A misdemeanor is punishable by a $25000 fine and up to one year in jail.

Indiana Sexting Laws

• Sure, most teenagers believe they can trust their partner not to share the photo with others, but you can never be sure.
• If you or your child is charged with a crime as a result of teen sexting, you should contact an Oregon criminal defense attorney.
• People accused of child exploitation, possession of child pornography, or sexual misconduct with a child may use Indiana’s Romeo and Juliet Code as a defense.
• Distributing an indecent image of a child – e.g., sending it via text – is illegal, even if it’s consensually between two 17-year-olds.
• Diversion programs allow a child to avoid juvenile or criminal prosecution and record.

Colorado is one of the states that has adopted legislation specifically addressing sexting by teenagers younger than 18. The law provides prosecutors a charging option that allows minors to avoid a felony record and sex offender registration. Felony charges remain an option if the conduct involved goes beyond the juvenile sexting statute. According to state law, if you did not solicit explicit images from a minor, you may use that as a defense. Also, what you do after you get the image or video may affect the court’s verdict. If you delete the videos or images upon receipt, then you have committed no crime.

What is ‘sexting’?

Average experience reflects the average number of years that the attorneys at this firm have been licensed to practice law. The experience is based on data from the respective state bar association, where this information is available. Find out that your teens are aware of the potential implications and make it clear that your top goal as a parent is to keep them safe. Despite efforts at education and warning, sexting is regrettably still a common occurrence.

New Jersey created a diversion program that may be used in lieu of criminal prosecution for teens and minors (younger than 18) who are charged with child pornography as a result of sexting. In 2017, Colorado adopted a teen sexting law designed to mitigate felony charges among minors engaging in reciprocal sexting with other minors. Prior to the new law, the only option for criminal sexting charges for minors was felony exploitation of a child. Sexual exploitation of children is a felony offense if committed by an adult (older than 18). Teenagers age 18 and younger also face felony penalties for sexting if the conduct involved falls outside the misdemeanor exception below.

Nevertheless, the penalty imposed will often vary based on the state sentencing guidelines and the judge’s full discretion. While people of all age groups can use this method of sexual connection, it is more common among tech-savvy teens and young adults. Under certain circumstances, sexting may constitute a criminal offense in Michigan, especially when one or more of those involved are minors. If you have been charged with a cybersexual crime in Singapore, you may choose to represent yourself in court, so long as you are above 18 years old and are not under any legal disability. However, this will run certain risks because if you are not aware of any available defences or mitigating factors, you may be convicted or sentenced unfairly. Sexual abuse claims where the victim is legally a child take 1 to 2 years to settle, and possibly 3 or more years if there is a court trial.

We want to stress that the one who should feel ashamed in this situation is the adult, and not the child who was so cruelly used and discarded. As a minor, you did not have the intellectual or emotional capacity to make an informed choice regarding sexual activity with a mature adult. Recovery from child sexual assault and harassment won’t be easy, but counseling, support groups, and other forms of help are out there. As for us, we are here to advise you of your rights and help you decide if filing a lawsuit is in your best interest. For a criminal prosecution, it would have to be shown that the adult knew the recipient of the material was underage.

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If a young adult is involved in a relationship with someone a few years younger, the law might consider certain acts illegal because one party is a minor. In most states, sexting images of or to a minor constitutes a felony or misdemeanor. 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.