Sexting, or sending sexually explicit photographs or messages on a cell phone, is becoming more and more popular among teenagers in Texas. It involves sending nude or semi-nude images or explicit texts. The concern therefore is it child pornography?
Sexting between consenting adults is generally legal in Texas. However, it can become criminal in some situations, such as if one or both participants are minors. There are various federal and state crimes that someone engaged in teenage sexting can be charged with, including, under certain circumstances, child pornography.
Read below to learn more about when sexting can lead to child pornography charges in Frisco, Texas.
Is Teen Sexting Considered Child Pornography Under Federal Law?
If teenagers share sexually explicit images during sexting, they could be charged under federal law with possessing, producing, or distributing child pornography under 18 U.S.C. §2252. Child pornography is defined as any visual depiction of a minor engaging in sexual conduct, or that has been created, adapted, or modified to appear that an identifiable minor is engaging in sexually explicit conduct. Under federal law, a minor is anyone under the age of 18.
Federal prosecution of juveniles is not highly likely. The Federal Juvenile Delinquency Act provides that, when possible, minors should be prosecuted in the state, not the federal, court.
What are the Penalties for Child Pornography Under Federal Law?
Child pornography is a felony under federal law. According to the federal sentencing guidelines, if an individual is charged with their first offense of possession of child pornography, they will be sentenced to a maximum of ten years in prison and hefty fines. The penalty increases are based on various factors, including the number of images, the nature of the images, and the use of a computer.
Texans found guilty of child pornography will have a felony conviction on their record and must register as a sex offenders.
Is Teen Sexting Considered Child Pornography Under Texas Law?
In Texas, sexting can sometimes qualify as possessing or distributing child pornography, especially if the messages are between an adult and a minor. Under state law, it is illegal to knowingly or intentionally possess, or access with intent to view, visual material of a minor engaging in sexual conduct. Texas defines a minor as any individual under the age of 18.
However, unlike at the federal level, Texas has specific laws, separate from child pornography offenses, to penalize teenagers who send or receive sexually explicit images of teens. This law makes it illegal for a minor to possess an electronic image of another minor engaging in sexual conduct. This charge applies even if the teen sends a picture of themselves, and the messages are consensual. The law provides a defense for minors in a dating relationship who are within two years on one another and share the images privately.
Sexting between minors is classified as a Class C misdemeanor and punishable by a $500 fine. The penalty will be increased to a Class A misdemeanor, punishable by a $4,000 fine and a year in jail if harassment or bullying were involved. If you are convicted, you are not required to register as a sex offender.
What are the Penalties for Child Pornography in Texas?
Child pornography is punished severely in Texas. A first-time child pornography-related offense is charged as a third-degree felony, punishable by two to 10 years in prison and a fine of up to $10,000. A second-time offense is charged as a second-degree felony, punishable by two to 30 years in prison. Any subsequent offenses are charged as first-degree felonies, punishable by five to life in prison.
Texas teenagers messaging other teens will most likely be charged under the teen sexting laws and will not face felony charges.
Can Teen Sexting Lead to Other Criminal Charges in Texas?
In addition to child pornography charges, there are other criminal charges that sexting could sometimes lead to in Texas. Examples of these charges include:
• Revenge Porn,
• Online Solicitation of a Minor,
• Criminal Solicitation of Minor,
• Distributing Sexual Images to a Minor, and
• Harassment.
Speak to an Experienced Frisco Criminal Defense Attorney
If you or someone you know is facing teen sexting charges, you should immediately reach out to a local Frisco criminal defense attorney. Philip D. Ray is an experienced criminal attorney and former prosecutor who will provide you with a skilled and aggressive defense. He has years of experience defending individuals against child pornography and teen sexting charges in the Dallas-Fort Worth area. Call The Law Offices of Philip D. Ray today at 469-588-6770 for a consultation.