Is It Illegal to Send Nudes? What You Need to Know About Sending Nudes

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Sex offender registration requirements apply to individuals convicted in adult court for any of the above crimes, unless the conviction is a misdemeanor. Under state and federal law, attempting to solicit and soliciting sex from a minor via an electronic device is a class H felony. Remember, under state law, anyone above sixteen is an adult, so prosecutors may also pursue solicitation depending on the facts presented. As mentioned, under state law, anyone above sixteen will face prosecution in adult court. In addition, upon conviction for Exploitation of a Minor, the accused must register as a sex offender.

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• The problem becomes much larger when is an adult caught with explicit material of a minor on an electronic device versus a juvenile.
• For example, an adult sending photo of his genitals to a teenager constitutes disseminating material that is harmful to a minor.
• If your child has received explicit material from another minor, they need to delete it or report it to the authorities as soon as possible.
• Child pornography is defined as sexually explicit visual material which utilizes or has as a subject an identifiable minor, and does not require proof of the actual identity of the identifiable minor.
• While some states have addressed the issue of teen sexting by providing reduced penalties for sexting by or between minors, California is not one of these states.

The laws about child pornography focus on the distribution and possession of the material in question. The penalty for creation is different from the penalty for possession and so on. Dissemination of intimate images without consent is a class A misdemeanor if the victim is above 18. If the victim is below 18, prosecutors may pursue possession and distribution of child pornography. Sexting in Colorado can have serious ramifications for a teenager or an adult.

When does sexting become child pornography in North Carolina?

And to that end, the judge may order the child to perform community service, attend counseling, or be supervised by a juvenile counselor, among other dispositions. A juvenile who is tried and found guilty receives an adjudication of delinquency rather than a conviction. Depending on the circumstances, sexting can also be a crime under federal law.

An adult or juvenile tried as an adult who is convicted of a sexual exploitation charge faces harsh penalties. Depending on the circumstances, the court can impose up to 12 years in prison and fines of up to $750,000. Sexting that involves sexually exploitative images of a child (younger than 18) can also constitute a felony. Sexually exploitative images are those that show “explicit sexual conduct,” which includes sexual intercourse, erotic fondling, erotic nudity, and sexual excitement. It’s against the law to have a nude of someone under the age of 18 on their phone.

While some states have addressed the issue of teen sexting by providing reduced penalties for sexting by or between minors, California is not one of these states. Under state law, teens, or anyone below 18 do not have the right or authority to consent to the creation of sexually explicit images, videos, or other media. Consequently, when anyone below 18 takes a sexually suggestive photo, a nude selfie, or a picture or video of his or her privates, the activity constitutes child pornography creation. Creating child pornography is a crime, and sending that photo or image escalates the crime to possession and distribution of child pornography. For teens, state sexting laws explicitly state that it is illegal to create an image depicting anyone younger than 18 years old engaged in a sexual act. It is also illegal to possess obscene videos or images of a child younger than sixteen engaged in sexual conduct.

While people of all ages may choose to use their phones to send sexually explicit photos, when sexting involves images of minors, it can be trouble. Sexting involves sending sexually explicit images or messages electronically, usually by phone. For most people, the biggest threat from sexting is having someone else find the images. The states that have adopted teen sexting laws target sexually explicit images sent by or between teenagers. High schoolers turning 18 are at most risk of facing sexting charges, child pornography charges, solicitation of a minor, revenge pornography, and related charges because, at 18, a teenager in the eyes of the law is an adult. For example, a 17-year-old girl sending nudes to an 18-year-old boyfriend -constitutes creation, distribution, and possession of child pornography in some jurisdictions.

DiscKreet is a messaging app that locks your sexts in a password-protected system. In order to view the photo, both the recipient and the sender have to enter a passcode at the same time. If the recipient wants to check out the pic at a later date, they have to send a new request to the original sender. Victims of harassing phone calls or unsolicited sexts may take civil action against the offender. We recommend consulting with an experienced attorney to figure out what charges to file.

Here in Asia, sexting appears to be governed by stricter rules which apply even to consenting adults. Sexually-suggestive SMS messages can get senders in trouble with the law, and it doesn’t matter if they’re solicited, says a Singapore lawyer. Victims of unsolicited sexts or harassment by phone may take civil action against the offender. The crime escalates into Aggravated Indecent Solicitation if the victim is below fourteen.

A person convicted of a class A felony faces a 20-year prison sentence and a $375,000 fine. Enhanced penalties apply if a person has multiple convictions for this or any other offense considered a “major felony sex crime.” Citing Roper, Graham, and Miller, the Colorado Court of Appeals held in In re T.B. Most laws governing sexting specifically address sexting involving minors. In these instances, it is a violation of both federal and state child pornography laws.