Sexting is the transmission of sexually explicit images, videos, or messages by text or email, most often via mobile phone. An adult (older than 18) who commits a crime of computer or electronic child pornography faces felony penalties. Teenagers age 18 and younger can also be charged with a felony if the conduct involved does not fall within the misdemeanor exception below. Nonconsensual sexting or sending inappropriate sexual images may constitute obscenity or harassment. However, victims of harassment by phone, cyberbullying, and other related civil offenses may take civil action to recover damages. For harmful matter not depicting a minor, the misdemeanor punishment remains the same, but the felony punishment is 16 months, 2 years, or 3 years in prison.
Indiana sexting laws and harassing phone calls/sexts
Chances are that you’ve heard the word “sexting” before, even if you’re not entirely sure what it is. The term “sexting” describes the sending and receiving of sexually explicit photos, messages, and video clips by text, email, or by posting them on social networking sites. Some people who “sext” each other are romantically involved (boyfriend/girlfriend, married couples). As mentioned, sexting often involves solicitation, sexual exploitation, coercion, obscene representation of a minor, and the creation of sexually explicit images. If both teens are below 18, the matter will go through the juvenile system.
Internet Sexual Exploitation of a Child
- In these states, teens and adults alike can face serious charges (often felonies) for child pornography or unlawful dissemination of harmful materials to minors.
- Because all images of minors are considered child pornography, there is no situation in which the creation and subsequent distribution of such images is legally allowed.
- Even when the photo or message is being sent to a friend, sexting still violates child pornography statutes.
- Even though most 18-year-olds aren’t very mature, they are still legally considered adults.
- Possessing child pornography, which can be obtained via sexting, is charged as sexual exploitation of a child and is a Class 6 felony in Colorado.
The court may also order electronic monitoring, incarceration, or any suitable punishment. With that said, being accused of or charged with child pornography production, distribution, or possession in Michigan does not deprive you of the right to defend yourself. Better still, it doesn’t automatically mean that you’ll be found guilty just because you have been accused or arrested for this crime. Cybersex is a subcategory of online sexual activity where two or more individuals engage in sexual exchanges online for sexual pleasure.
If the defendant distributed the image to another person, the court, prosecutor, and defense can agree to a misdemeanor penalty so long as the defendant did not act to harass, intimidate, or embarrass, or to make a profit. A felony conviction carries a sentence between five and 20 years’ imprisonment and a fine of up to $100,000. The offense is considered a “sexual offense,” which requires a mandatory minimum sentence that cannot be suspended. A conviction for sexual exploitation of a child carries a possible sentence of one year in county jail, a $2,000 fine, or both.
If the person intended to send the material to a minor, the penalty increases to a felony. In the United States, sending such messages may fall under child abuse laws, if the sender or recipient is underaged, or be considered harassment if unsolicited. The rising trend of “sexting”, or sending pornographic images or messages to others via mobile phone, has caught the attention of authorities globally. In Kansas, unlawful possession of a photo of a minor is a class B misdemeanor. Affirmative defenses for unlawful possession include (1) the receiver made a good effort to delete, erase, or otherwise destroy the image.
When this happens, school-going teenagers may be suspended or even expelled for illegal sexting because of anti-bullying laws. Besides the prison time and fines, anyone convicted of illegal sexting must face sex offender registration on Michigan’s public Sex Offender Registry. When messaging involves sharing sexually explicit messages, it is commonly known as sexting. Across the country, this is a prevalent issue that affects around 20% of American teens.
Almost every state now has legislation on the books banning such activities, and the distribution of such images with malicious intent carries misdemeanor penalties. It is a crime for anyone to create, distribute, or possess sexual images of a minor. This includes minors taking nude selfies and sending them to a boyfriend or girlfriend. Even if both people involved are the same age, underage sexual images are illegal to have or share.
Even though most 18-year-olds aren’t very mature, they are still legally considered adults. The problem becomes much larger when is an adult caught with explicit material of a minor on an electronic device versus a juvenile. Some of the possible charges include online solicitation of a minor, child pornography, and sexual exploitation of a minor. As an adult, if you are caught sexting with a minor between 15 and 17, you will be charged with a Class 2 felony. If you are caught with explicit material of a minor 14 or younger, it will be classified as a Dangerous Crime Against a Child (DCAC).
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Possession occurs when a minor knowingly possesses an image of another person who is at least 14 years old or less than four years younger without consent. The maximum penalty for a misdemeanor conviction is 12 months in jail, a fine of $1,000, or both. To take indecent liberties with a child means to attempt to or take improper, indecent, or immoral liberties with a child with intent to gratify sexual desire or arouse sexual desire.