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Sex offender registry. Probation is also possible for juveniles sexting offenders. But federal prosecution of juveniles for sexting may be unlikely. For this reason alone, you absolutely must consult with an experienced criminal defense attorney. Sending or Receiving Keeping Teen sexting laws prohibit both sending and receiving of explicit images.

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When a juvenile—a person under the age of 18—commits a criminal offense, that offense is dealt with through the juvenile justice system , not the adult criminal justice system. If your state does not have an article, check back later. In some states, the information on this website may be considered a lawyer referral service. A judge may order a teen who commits a sexting offense to perform community service. The Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today PROTECT Act of makes it illegal to produce, distribute, receive, or possess with intent to distribute any obscene visual depiction of a minor engaged in sexually explicit conduct. Juvenile courts have a wider discretion in the kinds of penalties they impose, even when a juvenile is charged with a serious offense. In some states, especially those that do not have specific sexting laws, anyone who creates, possesses, or distributes nude or explicit photos of a juvenile can be charged with child pornography or related crimes, such as the sexual exploitation of a minor.

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Teen sexting might result in a a court ordering the juvenile into a detention center, home confinement, group home, or other placement location. In states that have specific laws that target sexting, the crime is typically either a misdemeanor offense or petty offense, a type of offense considered less serious than a misdemeanor. New Area of the Law Sexting laws are a relatively new phenomena in the law. In the meantime, in those states without sexting laws, sexting may still be punished under pre-existing laws that target child pornography. An adult convicted of sexting can also face probation of at least 12 months, but typically longer.

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Description: Practice Area Please select However, it isn't really possible to prevent someone else from sending you a photo. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. Teens The states that have adopted sexting laws have specifically targeted images sent between or among teenagers. Because teen sexting can involve juvenile courts or adult courts, and cover various criminal laws, there is a wide range of potential penalties that may apply. Adult Penalties If a teen is 18 or older, that teen can be charged as an adult and face more significant penalties, especially if convicted of child pornography or a similar charge. Teen sexting might result in a a court ordering the juvenile into a detention center, home confinement, group home, or other placement location. Louisiana, for example, prohibits anyone under the age of 17 from sending or keeping explicit photographs, while Texas allows an exception for sexting if a minor sexts with another minor who is no more than 2 years older or younger and the two are dating. However, in other states a sexting offense may be considered child pornography, an offense that is typically charged as a felony and one that has much harsher penalties. Sex offender registries are typically maintained by the police.
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