Have you ever gotten messages that contain sexual content from a stranger or a friend? Did you find it fun and sent one with a picture of you in it? If so, then you’ve engaged in sexting with another person.
Sexting is a trend that most teenagers are participating in. In fact, 28% of them confirmed that they’ve sent sexual messages to other people.
A trend like this, of course, carries with it some questions.
Can you get in trouble by sexting? How can you know they won’t share the photos or messages? Is sexting illegal, especially here in Texas?
Read about sexting and the laws regarding sexting here, to help answer your questions.
What Is Sexting?
Sexting, short for sex texting, is the act of sending explicit pictures or lewd messages to another person via an electronic device.
As said above, the people who do this the most are teenagers. Most of the time, people do it for fun. To flirt with one another, to get attention from someone or the general public, or to express one’s sexuality.
When Is It a Problem?
Sometimes, a person ends up sexting nude pictures to another because of peer pressure. While for the most part it is still considered a safe activity, it can bring about several problems.
Leaking someone’s nude photos can be the cause of bullying, cyber-bullying, harassment, or humiliation. Often, one will hold on to the photos and threaten to release them unless they’re given favors.
While using the photos to blackmail someone can get that person arrested, most teens are unwilling to tell anyone about this problem because of the embarrassment they will face.
Is It Illegal to Sext?
While there are a lot of laws on sending inappropriate pictures enacted in multiple states, sexting is a legal activity between two people as long as you consider the following:
- Both are consenting adults
- None are minors
- Both agree to a privacy
That said, there are more laws that are specific to a category. These specifics are as follows:
Sexting Between Teens
Most states have put in place laws for teenagers in regards to sexting. They all have a vast difference between them.
One state says that, since you can’t stop anyone from sending inappropriate photos to you, it’s prohibited to keep any sexual photos of another minor on your phone.
Other states specify that it’s illegal for teens aged 13 to 15 to send photos and those who are 15 to 17 to keep any. The state of Texas follows this line because neither party is a consenting adult.
Sexting Between Adults and Teens
Soliciting to a minor online is illegal across most states. Someone doing this become branded as a pedophile and has to register as a sex offender by state law.
Even if it’s an adult acting as a minor online, anybody who solicits inappropriate pictures of a minor will get charged with child enticement.
Privacy of Sexual Photos
When it comes to privacy between two people who have shared personal pics with each other, the keeping of these images to themselves, even when social contracts break down, takes priority above all.
When one releases these photos or videos without the consent of the other person, they can get sued due to them causing damages to the other party like emotional distress.
Unsolicited Sexts
Anyone who receives unsolicited sexts from anybody can charge them of harassment.
When the receiver in question is a child, anyone who sends inappropriate photos, whether unsolicited or not, will get convicted of disseminating obscenity.
What Texas Laws State About Sexting
In the State of Texas, there are general laws and sexting laws for adults that prohibit the transmission of anything obscene. As they consider that obscenity is against the law. Sexts that contain a lack of literary, artistic, political, and/or artistic value are obscene in Texas Law.
To be specific, they don’t prohibit sexting among adults. It is, however, considered a crime when minors are in the mix. Keep in mind that in Texas, the age of consent is 17.
Though it is not considered a crime when both of the subjects sexting are minors who are in a relationship, and their age gap is no more than 2 years apart.
When Is Sexting Illegal in Texas?
In Texas, sexting becomes a crime when the participating parties are not adults. According to the Texas Penal Code, minors who are aware that they are spreading sexual content can get charged with a Class A misdemeanor.
Minors are not allowed to possess explicit material if it depicts another minor performing sexual acts.
If the intent is for profit, humiliation, or even for fun, it becomes illegal when the material used reaches other people.
Sexting also becomes illegal when the other party feels abused or exploited by the other. Same goes when the other party involved is someone who cannot consent, like someone intoxicated.
Laws in Texas on sexting become stricter when it comes to adults. While it’s allowed for two consenting adults to sext, if the other participating party is a minor, the adult can get jail time while the minor receives a different punishment.
What Are the Consequences?
Punishments for sexting in Texas can go from Class C misdemeanors to a first-class felony depending on the severity of the crime.
Before a new law as in order, minors could get charged the same way adults were. As it’s considered that they were promoting child pornography, even though they themselves were minors.
That said, the new punishments for minors are as follows:
- Verbal Warning
- Fines up to $60
- Community Service
- Counseling/Family Therapy
- Detention
Anyone aged 18 or older, on the other hand, receive a much severe punishment. Depending on the age, anyone caught sexting with a minor in Texas may get probation for at least 12 months, or they will get incarcerated in a minimum of 5 years.
Sexting can also get adults to pay a fine of at least $5,000.
They are also required to register as sex offenders. They will have to notify the police in the event they have to move. In their new area, they are to report to the local police department, who will inform the public that they are sex offenders.
Understand the Laws About Sexting Now
Is sexting illegal? When someone is feeling abused, exploited, or uncomfortable, it is. Don’t let it fester and continue to ruin a person’s life.
If you or someone you know has experienced or is experiencing any form of abuse, don’t hesitate to contact us now. We have the expertise and resources to help you or anyone else abused to fight back.
Request a Free Consultation with Attorney Mario Madrid:
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