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Sexting Laws

What is sexting?

The term sexting is used to define an act of sending explicit messages or photos between mobile phones. The term of sexting was made popular in the early 21st century and is a combination of sex and texting, where it bloomed into sending pictures along with the texts.

In the state of Florida, what would the penalty be for a 28 year old who is sexting a 17 year old if there were no pictures involved only texts?

In the state of Florida, it is not considered sexting if there are no photos involved. The law has been changed recently regarding sexting. At one time it was considered a felony, but now it is considered non-criminal for the teen involved. The penalty for the teen would more than likely be community service of it was his/her first offense. The 28 year old could be charged with a felony if there are photos involved. If there are no photos involved, then it could be charged as a different sex crime, such as enticing a minor.

In the state if Indiana, is it against the law for a 25 year old student teacher to have a sexting/sexual relationship with a 16 year old student.

According to Indiana state law, the legal age of consent is 16; therefore it is legal for the 25 year old to have a sexual relationship with the 16 year old. The school may have a different policy that may affect the 25 year olds carrier. The sexting may be a different story; the law may try and go after the 25 year old for Child Seduction, which is a grey area in the law. If the law was only going on the age of consent, then the relationship is legal.

In the state of California, if the police wants a mother to bring her child in to be questioned about sexting, what should the mother do?

The last place the child should be is the police station due to the fact that anything that he/she says can be used against him/her in court if there is a case that is filed. California is taking sexting very serious, so it would be in the best interest of the child for the mother to seek the advice of a criminal attorney. The charge of sexting may have very serious effects on the child’s future records, so seeking the help of an attorney would be the best thing for the child.

Is it illegal to send a child sexually explicit photos through text messaging when the child lives in South Carolina?

In South Carolina it is against federal and state law to send sexual pictures through email, mail, or text messaging. The following statutes may have been violated as well:

SECTION 16-15-250. “Communicating obscene messages to other persons without consent; It is unlawful for a person to anonymously write, print, telephone, transmit a digital electronic file, or by other manner or means communicate, send, or deliver to another person within this State, without that person's consent, any obscene, profane, indecent, vulgar, suggestive, or immoral message. A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years, or both.”

SECTION 16-15-345. “Disseminating obscene material to person under age eighteen prohibited; penalties. An individual eighteen years of age or older who knowingly disseminates to a person under the age of eighteen years material which he knows or reasonably should know to be obscene within the meaning of Section 16-15-305 is guilty of a felony and, upon conviction, must be imprisoned for not more than ten years.”

SECTION 16-15-355. “Disseminating obscene material to minor twelve years of age or younger prohibited; penalties. An individual eighteen years of age or older who knowingly disseminates to a minor twelve years of age or younger material which he knows or reasonably should know to be obscene within the meaning of Section 16-15-305 is guilty of a felony and, upon conviction, must be imprisoned for not more than fifteen years.”

SECTION 16-15-365. “Exposure of private parts in lewd and lascivious manner, aiding or procuring person to perform such act, or permitting use of premises for such act prohibited; penalties. Any person who willfully and knowingly exposes the private parts of his person in a lewd and lascivious manner and in the presence of any other person, or aids or abets any such act, or who procures another to perform such act, or any person, who as owner, manager, lessee, director, promoter, or agent, or in any other capacity knowingly hires, leases, or permits the land, building, or premises of which he is owner, lessee, or tenant, or over which he has control, to be used for purposes of any such act, is guilty of a misdemeanor and, upon conviction, must be imprisoned for not more than six months or fined not more than five hundred dollars, or both.”

Whether the person is a minor or an adult whom has a relationship with a minor, sexting is illegal in most states. When an adult or child faces these types of charges, which can go on their permanent record as a sex crime, they would need to seek the advice of an Expert to help then through the questions and confusion.

Ask a Criminal Lawyer

Ely
Ely, Counselor at Law
Category: General
Satisfied Customers: 2452
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
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Fran L.
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Over 10 years of criminal defense practice.

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