what kind of lawyer do i need for sexting

Do I need a lawyer for a sexting case?

Obtaining a lawyer is essential if you are faced with a legal dispute over sexting issues. This is especially true if the defendants are minors who are facing heavy legal consequences. A criminal defense lawyer can help determine the proper course of action under your state’s sexting laws.

What is the law on sexting?

Oct 23, 2011 · Sexting is a new twist on the timeless desire of teens and adults to engage in sexual expression. Sexting involves the practice of creating, sending and/or posting sexually suggestive images or video via mobile phone, email, or over the Internet, and everybody is getting in on the act. More than one in three young adults between the age of 18 ...

What are the best defenses to sexting charges?

If you've been questioned by the police or charged with a sexting crime, you need to speak to an experienced local criminal defense lawyer immediately. Sexting can involve different criminal charges, and because these charges can differ so significantly between states, only a local attorney can provide you with legal advice about your case.

What happens if you get arrested for sexting?

Sexting Laws and Penalties. Teen Sexting. Though specific teen sexting laws are not present in a majority of states, the trend appears to be towards more widespread adoption of sexting laws. In the meantime, in those states without sexting laws, sexting may still be punished under pre-existing laws that target child pornography.

Can sexting get you in trouble with the law?

What is the punishment for sexting?

What kind of crime is sexting?

Is paying for sexting a crime?

Is it legal for adults to sext?

Is sending dirty text messages illegal?

Sexting & Desire

Sexting & Desire Sexting is a new twist on the timeless desire of teens and adults to engage in sexual expression. Sexting involves the practice of creating, sending and/or posting sexually suggestive images or video via mobile phone, email, or over the Internet, and everybody is getting in on the act.

Over 50 Set Sees Sexting as Sexing Up the Sex Life

Over 50 Set Sees Sexting as Sexing Up the Sex Life Despite widespread and oftentimes breathless media coverage of teenage sexting stories, it is hardly confined to the under-30 crowd.

Defining Sexting Behavior

Defining Sexting Behavior Sexting encompasses a wide range of behavior. Most sexting is, by itself, consensual, intended to be innocuous, although naive. For example, individuals who are dating might send each other nude pictures.

Consensual Sexting is Protected Free Speech

Consensual Sexting is Protected Free Speech Sexting consensually is none of the government's business. A couple should be able to intimately share naked pictures of each other if they so choose. Sexting among adults is unquestionably protected expression under the First Amendment.

Teens & Sexting: Not a Good Mix

Teens & Sexting: Not a Good Mix For minors, unfortunately, sexting is an entirely different matter. Child pornography laws, originally designed to protect children against adult predators, inadvertently criminalize both consensual and non-consensual sexting where the person in the photo is under 18. The penalties are draconian.

Child Porn & Teen Sexting

Child Porn & Teen Sexting Because the child pornography laws were not intended to address sexting, the legal consequences for teens engaging in sexting are truly bizarre. Devoted partners sharing an intimate photograph face the same punishment as a bully who maliciously sends a naked picture of an ex to the entire school.

Sexting & Felony Offenses

Sexting & Felony Offenses Further, current law penalizes harassment victims in underage sexting cases just as harshly as the perpetrator. Take, for example, the scenario where a minor sends a nude picture to his or her partner and the partner later forwards the image to friends and classmates after the couple breaks up.

What can a judge order a teen to do?

Community service or counseling. A judge may order a teen who commits a sexting offense to perform community service. The court may also order a teen to attend individual or family therapy.

How much is a juvenile sexting penalty?

Fine. At least one state, Florida, imposes a fine of $60 on first-time juvenile sexting offenders. Subsequent offenders may face more significant penalties. Community service or counseling.

What age can you sext in Texas?

However, state laws differ significantly. Louisiana, for example, prohibits anyone under the age of 17 from sending or keeping explicit photographs, while Texas allows an exception for sexting if a minor sexts with another minor who is no more than 2 years older or younger and the two are dating.

What is the result of a teen sexting?

Detention. Teen sexting might result in a a court ordering the juvenile into a detention center , home confinement, group home, or other placement location.

What happens if you are sexting a teenager?

Any charges that stem from teen sexting can result in some very serious consequences for the teen, the people who shared photos with the teen, and the teen's parents or guardians. If you've been questioned by the police or charged with a sexting crime, you need to speak to an experienced local criminal defense lawyer immediately. Sexting can involve different criminal charges, and because these charges can differ so significantly between states, only a local attorney can provide you with legal advice about your case.

Can a juvenile judge punish a teen for sexting?

Warning. Juvenile judges can choose to punish a teen who commits a sexting offense with a verbal warning without requiri ng any other penalty.

Can a judge order a sexting offense?

A judge may order a teen who commits a sexting offense to perform community service. The court may also order a teen to attend individual or family therapy. Probation. Probation is also possible for juveniles sexting offenders.

Selected States' Teen Sexting Laws

Get state specific information for teen sexting laws and penalties. If your state does not have an article, check back later.

Sexting Laws and Penalties

Though specific teen sexting laws are not present in a majority of states, the trend appears to be towards more widespread adoption of sexting laws. In the meantime, in those states without sexting laws, sexting may still be punished under pre-existing laws that target child pornography.

Why do people sext?

However, sexting can also have sinister motivations, such as to blackmail a person with whom you are no longer in a relationship. Someone may also send you sexually explicit images or messages in order to harass, embarrass or coerce you into doing something you do not want to do.

What to do if you are charged with sending a minor?

If you have been charged with sending materials involving a minor or for receiving those materials, it is best to consult with a local criminal defense attorney. Your age, the age of the person in those materials and other factors can determine what your lawyer’s advice to you will be and can help your lawyer mount your best defense to such charges.

Why do young people use their phones?

Young people in particular are using their phones more often to send, receive or forward sexually explicit images or videos. Sometimes the pictures are of themselves and sometimes they are of other people.

Is sexting a minor offense?

posting the material online or distributing to other people), sexting between minors may result in no charge or a charge of the least serious offense. Sexting laws are aimed at minors who may engage in this activity.

Do you need consent to receive sexts?

Thus, receiving sexts implies the need for consent to receive them. However, In the absence of explicit consent beforehand, the recipient may show consent if they choose to retain the images or video on their device. Under these facts, receiving the sexted material may be legally actionable.

Is sexting a crime?

Sexting between two adults is generally not considered a crime. On the other hand, sexting involving a minor might be. However, like so many activities concerning developing technologies, the laws haven’t exactly caught up with sexting as well as it should.

Does Angie send pictures to Katie?

Angie then sends a copy of the pictures to Katie and tells Katie that Angie will send them to everyone in the school if she doesn’t drop out of the cheerleading team. Whether or not Angie will be charged with sexting will depend on whether the state has a sexting law specifically.

What is the defense to sexting?

The main defense to any charge involving sexting is consent, especially when it involves a case with two adults. This defense would be stronger if there is written evidence supporting it. For example, if there is a text messaging from the victim that provides permission to the other person to distribute the images, the consent defense can be raised. However, if one or both of the individuals is a minor it may be harder to use the consent defense.

What happens if an adult sends a picture of a minor?

If an adult sends images of a minor, they may be charged with distribution of child pornography.

Is sexting a felony?

Penalties for misdemeanors generally include smaller criminal fines and up to a year in jail. In many states, sexting remains a felony if there is no consent of the parties involved.

What to do if you are charged with sexting?

If you are charged with a crime for sexting, an attorney can also determine if you have any defense available. Post Your Case - Get Answers from Multiple Criminal Defense Lawyers. Last Modified: 2019-02-20 01:18:31.

Can you prosecute a minor for sexting?

Many states will decline to prosecute or give harsher sentences when two minors are involved, especially if the two minors both consented to the sexting. Harassment, Stalking and Bullying: Additionally, among kids sexting has often been a source of other issues like cyberbullying, stalking and harassment.

Who is Ashley from Detroit Mercy?

Ashley is an attorney that specializes in legal writing and research. She has a Bachelors of Arts in Communication Studies from University of Detroit Mercy and a Juris Doctor from DePaul University College of Law. Ashley started her career as a practicing litigator specializing in insurance defense and employment law. She now works as a legal writer and consultant for several established companies. Ashley also has many years of experience with remote employment. You can check out her Linkedin profile, here.

Is consent harder to prove?

However, if one or both of the individuals is a minor it may be harder to use the consent defense. Another defense could be mistaken identity, which may be harder to prove. If the person claims that they are not the one that sent the messages they can try to argue that as a defense.

How to check if an attorney has been disciplined?

Check bar records. Once you have a list of candidates, go to your state bar's website and check each attorney's record of discipline. Every state has the ability to discipline attorneys for actions deemed to be immoral, untruthful, or criminal. If the attorney has been publicly reprimanded, there will be a record of it on their bar profile. If an attorney on your list has been in trouble and has a record of discipline, you should seriously consider taking them off your list.

How to choose an attorney?

1. Consider fees. While the most important consideration in choosing an attorney is their ability to successfully handle your case, you must also consider the amount of money it will cost you to have that done. When you have narrowed your list to the top couple of candidates, compare their fees.

Why do we need state bar referrals?

State bar referral services are a great and safe way to find a competent attorney because of the standards they hold themselves to . For example, in California, the California Supreme Court requires these services to meet certain standards.

How to look up an attorney in California?

For example, in California, you can look up an attorney by their name or bar number. Once you do, their personal information will pop up and it will include any history of discipline.

How to find a good lawyer?

Referrals are often the easiest and best way to find a highly qualified attorney. In general, if other lawyers are recommending someone, chances are they are good at what they do. Ask family and friends for recommendations. If you do not know any attorneys, talk to your family and friends and ask if they know anyone.

How to get representation agreement?

Get your agreement in writing. When you meet with your attorney for the first time after hiring them, you want to make sure you get your representation agreement, which includes a fee agreement, in writing. Your agreement will include the scope of the representation and what their fee will be. This way, both you and the attorney will know what to expect from each other.

How long should a lawyer meeting last?

Ask questions. When you attend the meeting, which will usually last anywhere from 15 to 30 minutes, ask as many questions about the lawyer as you feel are necessary. In general, you should ask some, if not all, the following questions:

What is sexual assault?

Sexual assault is any sexual activity that occurs without clear consent from both parties. Sexual assault is a crime in every state. Sexual assault laws also forbid sexual activity with a person who is incapable of consent. People who are mentally ill, under the age of 18, or intoxicated are considered unable to consent.

How long do you go to jail for sexual assault?

Sexual assault is potentially a serious crime in every state. If a person is convicted, they may face from a few months to many years in prison, depending on the severity of the charge.

What is actual innocence?

Actual Innocence: A person who did not commit an assault can certainly assert that they did not do it;

What is the standard of proof in a civil case?

The standard of proof is different; in a civil lawsuit the standard is that it is more likely than not that the assault happened as claimed by the plaintiff. This is considered to be a lighter burden than the burden the prosecutor has in a criminal case.

How long does a sex offender stay in jail?

The registered status can last for years, and possibly for a lifetime.

What is the purpose of suppression of evidence?

Suppression of Evidence: If evidence such as text messages, emails, phone messages, video, or physical evidence can be suppressed, it can help in the defense of a person charged with sexual assault; the suppression of evidence is usually based on the assertion that it was collected in violation of a defendant’s right not to be subject to unreasonable searches and seizures under the 4th Amendment to the U.S. Constitution;

Why is it important to attack the prosecution's evidence?

One way is to attack the prosecution’s evidence, so that the prosecution fails to prove every element of the crime beyond a reasonable doubt. For example, the defense might show that the prosecution’s eye witness really did not see the crime as well as the prosecution claims, because the location was dark and the witness far away from the actual scene. If the defense is successful in attacking the testimony of the eye witness, a jury might find that the prosecution has not proven the case beyond a reasonable doubt.