Almost everyone has a smartphone nowadays. From year-olds to year-olds, these devices are so widespread and useful that they have become a necessity.
While most individuals use their mobile phones to call friends and send emails, Sexting a minor also use these devices for sexual purposes. Both teenagers and adults have been known to use their phones to send sexually explicit messages, photos, and videos. While sexting can be an expression of a consensual relationship between adults, it can also amount to a crime when minors are involved.
If a sexual image of a minor is sent to another person, whether he or she is an adult or a minor, this may trigger Sexting a minor offense under Texas law. Anyone who has been charged with possessing child pornography or transmitting certain visual material depicting a minor should contact a Houston child sex abuse lawyer from The Law Offices of Ned Barnett right away.
Attorney Ned Barnett understands how devastating it can be for people to face accusations of sex crimes involving minors.
To schedule a free and confidential consultation of your case, contact us today at There are two Texas laws predominantly used to charge individuals with a crime after they have sent explicit images of minors. Sexting a minor general, sexual images of adults consensually sent and received are not illegal. This law states that any minor which is any person years-old or younger commits a crime if he or she intentionally and knowingly:.
Texas law does give teenagers a break. If the material only shows the sender or another minor who is not more than two years older or younger than the sender, and these two individuals are in a dating relationship at the time, it is not a crime.
For example, if a year-old girl were to send a nude photograph to her year-old boyfriend, this would not be an offense. However, if the year-old girl was dating someone older than 18 and sent him a nude photograph, or if Sexting a minor sent the picture to someone who was not her boyfriend, it would be a crime.
The possession or promotion of child pornography occurs if an individual knowingly or intentionally possesses or knowingly or intentionally accesses with the intent to view:.
An individual can also be found guilty of violating this statute if they know the material depicts a child.
As a result, someone who is years-old can have a consensual sexual relationship with someone older, yet not necessarily be able to send that person sexual images. While a year-old boy or girl Sexting a minor legally consent to sexual activity, and can legally send sexually explicit images to a boyfriend or girlfriend within two years of their own age, they cannot send sexual images to adults years-old or older.
This could Sexting a minor to an offense for both the teen and adult. Depending on the statute you allegedly violated, you face several different statutory and collateral consequences. However, if a minor sent the pictures to harass, embarrass, abuse, or offend someone, then the offense may be enhanced to a class B misdemeanor.