What is sexting?
Sexting can be categorized as sexually explicit language, semi-nude or nude images sent via cell phone. Once received by the intended recipient, the images can be sent to other cell phones, causing embarrassment to the person depicted in the image. However, emotional humiliation and social ostracism are just the tip of the iceberg. It only takes one person to post an inappropriate image on the Internet. Once online, that image can go anywhere, to anyone’s computer, for an indeterminate period of time. This may have legal implications for the person who created the image or message, the people who received it, and anyone else who may have sent the message or image to others. Sexters can be held legally responsible for a variety of criminal offenses under federal and state law.
Sexting is a criminal offense
Sexters may be violating state and federal child pornography and exploitation laws, including the manufacture, distribution, and possession of child pornography or the exploitation of a minor. If convicted, sexters can face time behind bars and be legally required to register as sex offenders with their states’ sex offender registries.
Under federal law, people convicted of child pornography or exploitation can face a minimum sentence of five years in prison. However, a maximum prison sentence could be up to 20 years. A sexually explicit image sent on a cell phone is also a criminal offense punishable by California law. If convicted under California Penal Code 311.11, a person can face a prison sentence of up to three years, as well as a fine of up to $2,500.
A convicted person may also face a lifetime duty to register as a sex offender. Under the California Sex Offender Registration Law, anyone convicted of a sex crime (including child pornography or child exploitation) who lives, works, or attends school in CA must register as a sex offender with local law enforcement. Registration information, including the identity of the violator, may be distributed to law enforcement, campus personnel, and employers.
child predators
Another disturbing issue facing sexting minors is the danger of child predators; By creating and sending cell phone pictures, teens can open themselves up to predators. Once an image is sent by cell phone, that image is in cyberspace. It is very easy for child predators to find such images, store them on their computers, and distribute or sell them. Sending a photo to a friend may seem like an innocent prank, but it can end up anywhere and in very dangerous hands.
conclusion
It’s important for teens to remember that once they hit the send button, it can’t be undone. That message or image is on the Internet, possibly forever, and anyone can see it. This can have a negative effect on a person’s life for years, even into adulthood. Inappropriate images may affect acceptance of the collage or employment opportunities. If a sexter is convicted of pornography, the effect will be even more serious.
If your child has been sexting, or you are an underage sexter, it is important to protect yourself and your rights. Consult an attorney in your area to learn about the laws and penalties that may impact you or your child. An attorney will be able to answer your questions, explain your legal options, and help you determine the best defense to protect your future.
