Home » Law and Legal Articles » Criminal Sexting in Texas Depends on Age of Sender and Receiver
Criminal Sexting in Texas Depends on Age of Sender and Receiver
A new law in Texas reduces the penalties that minors may face for sending sexually-explicit text messages, or 'sexting' another minor. While sexting is still against the law, those under 18 may face misdemeanor, rather than felony, charges if caught sending illicit text messages.
December 01, 2011 /Law and Legal PR News/ -- In the days before cell phones, pornographic material was mail ordered and delivered in plain brown wrapping, and boys curious about girls may have spied with binoculars through open bedroom windows, hoping to catch a peek of the lady next door. Nowadays, with the market saturated with cell phones and smartphones, viewing pornography can be as easy as pressing a button.
Sexting, which is gaining popularity among teenagers, is "the act of sending sexually explicit messages and/or photographs, usually via mobile phones." According to the state of Texas, in some cases, sexting can be considered a form of child pornography and a Texas sex crime.
Minors 'Sexting' in Texas to Receive More Lenient Punishment
On Sept. 1, 2011, a bill passed by the Texas legislature became law, softening the potential legal consequences of minors caught sexting. Prior to the Sept. 1 effective date, felony charges for possession of child pornography or trafficking child pornography could be filed against anyone who sent an "explicit image" of someone under 18 years old, regardless of the sender's age. This meant that an underage girl who sent a naked or explicit photo of herself to her boyfriend could face felony child pornography charges, as well as be required to register as a sex offender for the rest of her life, if convicted.
In Texas, sending explicit text messages can also lead to solicitation charges, as a 20-year-old Houston man learned when he was charged with online solicitation of a minor after sending numerous text messages of a sexual nature to a 14-year-old girl he met in church.
While the law has remained in effect as it was for those above the age of 18 in Texas, those who have not reached the age of majority have been given a break. The new provisions in Texas law charge minors who violate the prohibition with only a misdemeanor, which may be expunged when they reach 18. It also requires them to appear in court with their parents, and provides defenses not available to adults.
If you've been charged with a sex crime, whether it is related to sending or receiving sexually explicit text messages, a Houston sex crimes attorney can more fully explain the charges against you and any potential punishment if you are convicted.
Article provided by Law Offices of Jed Silverman
Visit us at www.jedsilverman.com
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