Sexting refers to the act of sending sexually explicit photos or messages with a cellphone. In general, if this is done by consenting adults who...
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By Monica Steiner , Contributing Author. Some states have enacted laws against sexting that occurs between teenagers, with penalties that are less severe than those that would apply to an adult who sends such photos to an under-age person. Other states punish sexting under pre-existing laws against child enticement and child pornography. To learn more about sexting in general, see Teen Sexting. Texas punishes teen sexting under its law against electronically transmitting sexual depictions of children.
Under this law, it is illegal for one minor to electronically send an image of someone younger than 18 years old to another minor; this includes images of the sender, recipient, or another underage person. However, minors have a defense to prosecution when the images are solely of the sender or recipient, were sent within a dating relationship, and both parties are not more than two years apart in age including if one party is 18 or older.
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To schedule a free and confidential consultation of your case, contact us today at An individual can also be found guilty of violating this statute if they know the material depicts a child. According to Detective Lori Hix, the punishment for distributing naked photos can range anywhere from indecency with a child all the way up to distribution of child pornography. These crimes are usually punished as felonies, described below.
This could potentially include federal child pornography distribution charges.
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