Oregon Sexting Laws & Punishments Guide: Is It Illegal?

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A person, especially an adult, possessing those pictures and videos can be charged under Michigan’s child pornography laws. In some cases, even teens with these images can be criminally charged. Sexting, the act of sending sexually explicit messages digitally, has become increasingly popular in recent years.

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If you have been arrested or charged with sexting it is important to speak with an experienced and reputable Pittsburgh Criminal Lawyer immediately for a free consultation. Please note, these kinds of charges can also fall under federal law, which has even harsher penalties. When asked why they engage in sexting, 40 percent of teenage girls respond that they do it as a “joke,” 34 percent say they do it to feel sexy and 12 percent say they are pressured into it. Watch Judge Tom below quickly discuss the risks of sexting including the state laws against it. Phillip was an 18-year-old student in Florida when he broke up with his 16-year-old girlfriend. After breaking up, Phillip became angry and in retaliation, sent the pictures to over 70 people including her parents, grandparents and teachers.

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All but Illinois and Oklahoma also address the issue of minors receiving sexually-themed images. Even when the photo or message is being sent to a friend, sexting still violates child pornography statutes. While consenting adults are allowed to send each other whatever—otherwise legal—photos of themselves they desire, sending unsolicited lewd photos is an affront that the law decided it was time to address. If you have been charged with a digital crime, you need professional legal counsel on your side.

• This can lead to charges of child pornography, a serious offense that carries the potential for hefty fines and imprisonment.
• Many people may not realize that sexting between two minors is a criminal offense in Florida.
• Individuals can also be found guilty of violating this statute if they know the material depicts a child.
• These crimes can be charged as second- or third-degree felonies with penalties of up to 10 years in prison and $25,000 fines.

Sexting in these instances is a violation of both federal and state child pornography laws. Furthermore possession of such an image is sufficient for prosecution, regardless of the provenance of the image. The law applies to teens sending obscene matter to each other, like intimate photos or videos. The law also applies to anyone 18 or older sending nude photos or sexting with a person younger than 18. However, it’s essential to ensure that the exchange is consensual and that both parties are in a safe and trusting relationship.

If you have been charged with sexting, your first move should be to retain the services of a Rancho Cucamonga criminal defense attorney. The attorneys at Newman & Allen will work closely and confidentially with you and will also carefully review the evidence held by the authorities. Instead, download apps like Signal or WhatsApp, which are good for protecting the photos against hackers. WhatsApp blocks users from taking screenshots of “View Once” messages, however, Signal currently does not offer a defense against screenshots. DiscKreet is a messaging app that locks your sexts in a password-protected system.

Sexting is the act of sending explicit images to another person using digital devices. The act is illegal and punishable by very high prison sentences when the images are of minors or when a minor is directed to create or send images of themselves to someone age 18 and older. The legal framework around sexts exchanged between minors varies enormously across the board; typically, these cases are prosecuted less severely because of the age of both individuals involved. Nevertheless, minors can still incur penalties including sex offender registration, juvenile sentences, and fines, all as a result of sexting behavior.

It carries penalties of up to 180 days in jail and fines of up to $2,000. This applies to all electronic platforms such as e-mail, texts, apps, and social media. Do not allow them to discourage you from involving law enforcement if you are a victim. It is illegal for any person under the age of 18 to be involved in sending, receiving, or sharing sexually explicit content using an electronic device. When minors are involved, you can be charged or prosecuted according to child pornography laws, child endangerment, and dissemination of harmful material to minors.

This presents an intrinsic difficulty in defining the law towards messaging, so it is more focused on «receiving and subsequently» keeping the image. Sometimes, children might feel pressured to take pictures of themselves or pass on those taken by others. They may want to please a demanding boyfriend or girlfriend or do what they think everyone else is doing. They may have even been coerced by an adult or someone they’ve met online. However, according to the wording of Section 233 of the CMA 1998, it is only illegal if the act of asking for nudes annoys, abuses, threatens or harass(es) the victim. According to Article 10 of the Federal Constitution of Malaysia, Malaysians are entitled to the freedom of expression[2].

Under certain circumstances, sexting may constitute a criminal offense in Michigan, especially when one or more of those involved are minors. It is also worth noting that schools can punish students for sexting even if the students are not breaking the law and if all students involved are legal adults. Under the legal standards established in Tinker v. Des Moines, schools can punish students for otherwise legal activities that disrupt the functioning of the school.