When Is Sexting Illegal In Texas? A Former Prosecutor Breaks Down The Law!
These days we do everything with our phones. Chat. Navigate. Surf the web. Manage our finances. Play games. Watch videos.
It makes sense, then, that we would also use our phones to flirt with our romantic partners. In fact, the practice of “sexting” - sending nude or sexually suggestive photos by text messages or other messaging platforms - has become commonplace.
Although this may be harmless when it occurs between two consenting adults, serious criminal charges can result in certain situations. Sexting is particularly dangerous when one or both of the participants are under the age of consent, because even when sexting occurs between two minors, this still qualifies as electronically transmitting sexual depictions of children.
However, this practice is still relatively common, so it is very important to understand the laws surrounding sexting to ensure that normal flirtation in a consensual relationship does not result in life-altering criminal charges.
Teen Sexting Laws in Texas
Texas punishes sexting between minors under its law prohibiting electronic transmission of sexual depictions of children. Under this statute, it is illegal for one minor to send a sexually explicit or suggestive image of someone under 18 years of age to another minor. This includes images of the sender, the recipient, or another minor child.
However, prosecution is likely to offer some relief in certain circumstances. For example, if the images are solely of the sender or recipient, if they were sent within a dating relationship, and if both parties are not more than two years apart in age (even if one party is over 18), this is generally a misdemeanor-level offense.
Adults who are engaged in a dating relationship with a minor more than two years younger face much more serious penalties for sexting. Under Texas law, adults could be charged for distributing sexual images to a minor, possessing or distributing child pornography, or promoting sexual performance by a minor child.
These offenses are considered felonies, and in most cases will require registration as a sex offender. Adults may also face federal prosecution for sexting with minors, depending on the circumstances of the alleged offense.
Sexting and Federal Laws
Depending on the circumstance of the alleged offense, sexting may also be a crime under federal laws, and in some cases could be prosecuted federally, which carries much more severe sentencing and penalties.
The Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today (PROTECT) Act of 2003 makes it federally illegal to produce, distribute, receive, or possess with intent to distribute any sexually explicit or suggestive image of a minor child. Knowing possession of this material, even if you do not intend to distribute it to anyone else, is also a crime.
The PROTECT act also criminalizes causing a minor to take part in any sexually explicit conduct in order to visually depict that conduct. This would include encouraging or asking a significant other who is under 18 to send explicit images. This is prosecuted as a separate offense.
It is also a federal crime to use a computer to transport, receive, distribute, or reproduce for distribution any sexually explicit or suggestive image of a minor, or other material that constitutes child pornography, which will be an additional charge.
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0:00 When Is Sexting Illegal In Texas? A Former Prosecutor Breaks Down The Law!
01:26 Sexting is illegal when of the participants is minor!
02:33 Remember: adults sexting between each other can be illegal under curtain circumstances!
03:54 Texas law for “Sexting between minors?”
06:20 What is the “Protect Act?”
07:35 Presumption: juveniles should always be prosecuted in state courts!
07:55 What is the penalty for Sexting between two minors?
09:00 What is the penalty for Possession of Child Pornography?
14 авг 2024
