10 Frequently Asked Questions About Sexting: Can It Get You In Legal Trouble?

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Sexting is an activity that many people engage in without stopping to think of the potential consequences of doing so. It isn’t until something goes wrong and the law gets involved that they become concerned. What does every person need to know about sexting today to avoid potential problems?

What is Sexting?

Sexting involves the sharing of sexually explicit photos or texts via electronic devices. The photos may be sexually provocative or they could be nude or semi-nude pictures. Today, one in seven teens state they sent sexts, with one in four saying they receive them. In addition, many people now send videos of a sexual nature via an electronic device, and this falls into the category of sexting. If this is any question as to whether a communication qualifies as sexting, consult a child pornography lawyer for advice.

Is Sexting Legal?

While exchanges of this type remain legal between adults, when children are involved, child-porn and sexual-exploitation laws come into play. When the exchanges occur between two minors, the prosecution is rare. When a child exchanges sexts with an adult, however, it is usually illegal. There may be exceptions, such as when one party is 18 years of age and the other is 17 years old. Again, if there is any confusion as to what is considered sexting and when it would be considered illegal, it’s best to consult with an attorney. This is especially true when the two parties reside in different states, as laws vary by state.

How Is Sexting Dangerous?

Once something has been sent via an electronic device, the person sending the message no longer owns it. As a result, they can’t control how or where communication is used. For instance, an ex may use communication as a means of revenge following a breakup. Others use communication as a form of entertainment and share it with their friends. Although this was not the intent when the message was sent, there is no way to get the communication back once it leaves the device of the person originating the sext.

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What is Sextortion?

Sextortion is a form of blackmail that is being used by certain individuals today. They request sexts from a person and then use the messages to extort money from the sender. However, there are cases when the sender doesn’t communicate with the person blackmailing them. The messages were obtained through hacking or catfishing. Nothing on the internet today is safe thanks to the skill of hackers. With sextortion, the only way to reclaim the messages is to pay the person who has them or meet their other demands, which may come in the form of sexual favours.

What Are The Potential Consequences of Sexting?

When a person sends a message of a sexual nature to their significant other, they are thinking of that person seeing or reading it. What happens if the message makes it into the cloud and gets hacked or appears online somewhere else? The individual who sent the text may find they are no longer employed, as their employer could have a way of relieving them of their duties as a result of sexual communication. Others find their reputation is harmed when the communication becomes public knowledge, and personal relationships can be damaged as a result of these messages. Most people find it’s simply not worth the risk for a few minutes of fun with their significant other when they take these possible consequences into account.

Sexual Predators and Sexting

Another concern when it comes to sexting is sexual predators. A person cannot truly know who they are communicating with on the internet or over an electronic device. The sender may be a sexual predator who is trying to lure the person into sharing explicit messages or photos. By sending their photo first, the predator builds trust, and the victim reciprocates only to pay the price.

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What Is Revenge Porn?

Revenge porn is when a sext is shared with the purpose to intimidate, harass, or embarrass the victim. At times, the images are taken with the victim’s permission. It doesn’t become revenge porn until they are shared without the other party’s consent, and this could lead to legal charges for the person responsible for the distribution. This differs from sextortion in that both parties typically consented to the exchange of messages originally, and with sextortion, the images may have been obtained without the permission of the victim.

What Can a Person Be Charged within Relation to Sexting?

A person may find they are charged with several crimes related to sexting. Child pornography is the first one that usually comes to mind, but stalking, extortion, and wiretapping are others. Sexual harassment charges may be in play, and child sexual exploitation is a concern when the messages are exchanged with a child under the age of 18.

How Can One Be Cyber-Savvy?

Never send a communication that you wouldn’t feel comfortable sharing with your parents or religious leader. While adults send these messages every day, they don’t fully grasp the consequences of doing so and come to regret it in the long run. Send messages with the understanding that anyone can see or read them, regardless of whether they have your permission. This will prevent you from having to deal with unpleasant consequences in the future that you never foresaw.

What Should a Person Do If Charged?

A person charged with any crime related to sexting should seek legal advice immediately. The consequences of a conviction are far-reaching, and a person cannot be too careful when it comes to their future. Choose an attorney well versed in handling sex crime cases, as they have a good understanding of the laws that apply to the case and how best to defend against the charges.

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Sexting, at first glance, appears to be a harmless activity between two consenting individuals. However, what seems to be fun and harmless can quickly turn dangerous. Don’t risk your future on a few minutes of fun. Take care when sexting with any person and know what to do if legal charges are filed against you. The more you know, the easier it will be to handle the situation if this does happen.

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