Using your cell phone as an extension of almost every part of your life is commonplace. Calendars, emails, games, and streaming are only a small percentage of what people use these devices for in their daily lives. For teenagers, this is especially true and is usually relatively safe. The rise of sexting, however, is posing a serious risk both legally and socially.
What is Sexting?
Sexting is a combination of the words sex and texting. It is the sending of sexually explicit or provocative images or messages to another person via text or other digital messaging methods. Sharing pictures or flirtatious comments from a safe distance where no physical contact is possible may seem harmless, but Texas laws do not see it that way.
Is it Considered Sexting if it’s a DM?
Yes, sexting is sending an image or commenting on a digital messaging platform or service, including social media. If you send nude photos or sexually suggestive statements through direct messages on Instagram, private messages on Snapchat, or any other social media site, it can still be characterized as sexting. In fact, there are apps dedicated almost entirely to sexting, some of which are Dust, Tinder, and Zoosk.
If There are Apps, Why is it Illegal?
The act of sexting itself is not where issues of legality arise; the problem lies in who is doing the sexting. When minors engage in this activity, it is covered under Texas law concerning the electronic transmission of the sexual depiction of children. At that point, the act ventures into the child pornography realm, which is a serious sex crime offense.
What if Both People Involved Were Minors?
The answer to this question is a little more complicated, but there are situations where two minors who exchange sexually explicit photos of another minor can be breaking the law. Texas law does have some protections for teenagers in a relationship, given they are no more than two years apart in age and are only exchanging photos of each other. If you have questions about whether or not you engaged in illegal sexting, please reach out to us for individualized guidance on your situation.
Texas Penal Code states that it is a crime to knowingly send messages that involve the sexual conduct of a minor to other minors. This is often seen when someone possesses such images and disseminates them to their friends or other third parties. Penalties for this type of behavior become increasingly severe if the intention to torment, embarrass, or harass exists.
What are the Legal Consequences of Sexting?
This will differ based on the circumstances. An adult engaged in sexting with a minor will likely receive more severe punishments than if both parties were minors. When minors are charged with sexting, the penalties usually range from a class C to a class A misdemeanor. These carry varying degrees of sentences, with possible fees ranging from $500 to $4,000 and even the potential for jail time in some cases. The statute of limitations for sex crimes can also vary.
At The Fox Firm, we understand that it’s devastating to face criminal charges for something so seemingly harmless. Contact us to schedule a consultation to discuss your defense options.