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Daniel Solutions
Daniel Solutions, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 9934
Experience:  over 20 years of legal and professor of law experience
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Is there anything unlawful/illegal about two consenting adults

Resolved Question:

Is there anything unlawful/illegal about two consenting adults emailing and/or (phone)texting sexually explicit messages (no images, photos, etc.) to each other?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Daniel Solutions replied 5 years ago.
Thank you for allowing us to assist you with this problem.

In what state do the two adults live?
Customer: replied 5 years ago.
Arizona, Wisconsin and Illinois
Expert:  Daniel Solutions replied 5 years ago.
Federal laws make it illegal to distribute obscenity from state to state. It's illegal to distribute obscene material. And the elements for obscenity are images (including written) that are patently offensive, appealing to the prurient interest of society or in other words to people who would have an extreme interest in it, and that lack serious social value. However, limited restricted texts/email are also protected by First Amendment freedom of communication. So basically as long as other laws are not broken meaning no child involved, not done for pay, sent to a person who actually wants to receive it, then no laws should be broken
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