What Does the Law Say About Sexting?

Criminal Defense Attorney in Boston, Massachusetts

Since most states do not have laws that specifically, uniquely refer to sexting as a crime, sexting charges can be brought under that state’s child pornography and obscenity statutes. In any case, charges of sexting could result in conviction of a sex crime involving a child, which carries serious consequences for all parties involved. If you or your child are up against criminal charges involving sexting, time is of the essence, and you will need a strong defense to evade harsh penalties. Call the aggressive criminal defense attorneys at Brad Bailey Law immediately.

Consequences for Minors Involved in Sexting

In Massachusetts, sexting is defined as “the act of sending, receiving, or forwarding sexually explicit messages, photos, or images via cell phone, computer, or other digital device.” Per this explanation, any person under the age of 17 years old who sends sexually explicit material via digital means is not only guilty of creating, possessing, and distributing child pornography, but the person to whom sexually explicit material is sent can be legally considered guilty of possessing child pornography as well. In other words, a minor who has taken a sexually explicit photo of themselves and sent it to another person is guilty of committing 3 separate felonies.

Anyone over the age of 18 who is declared guilty under Massachusetts’ child pornography statute will be convicted of a felony, depending on the circumstances of their crime but regardless of whether or not the minor involved sent the images in question voluntarily.

  • Coercing or soliciting a minor to show themselves nude or exhibit sexual poses with the intent of photographing or otherwise recording it
  • Distributing sexually explicit images of minors
  • Possessing a sexually explicit image involving or depicting a minor

Any of the above offenses can result in up to 20 years in prison, fines of $10,000-$50,000, and mandatory registration as a sex offender.

In any case, under any circumstances, a criminal case involving sexting offenses has the potential to cause harm to all parties involved for years to come. If you are facing sexting accusations and charges of a sex crime, don’t wait to call a Boston juvenile criminal defense attorney at Brad Bailey Law and start building your case immediately.

Call Brad Bailey Law at (617) 500-0252 today or send us your information to set up your free case evaluation today.


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