Connecticut Sexting Lawyer

If you are a minor facing allegations of possessing or transmitting child pornography, or if you are a parent of such a minor, a Connecticut sexting lawyer could go over your case with you, discuss potential defense strategies, and—once retained—work tirelessly to pursue a favorable case result on your behalf.

What Is the Purpose of the Sexting Law?

Any nude, partially nude, or sexually explicit photos or videos of a child under 16 are considered images of child sexual abuse. This is true even when a child makes these images of themselves on their own volition. Transmitting or receiving images of child sexual abuse is illegal and may be punished harshly.

The law recognizes that teens exploring their sexuality engage in risky behavior, including taking and sending sexualized images of themselves. Rather than treat these teens as sexual predators, the sexting law carves out an exception for young people trading nudes and sexually explicit images of themselves.

The activity is still illegal but when both parties are under 18, it is managed through the juvenile justice system. If one of the parties is a legal adult, it will be treated as a crime with adult consequences. You should work with a Connecticut attorney with substantial criminal defense experience in both the adult and juvenile courts if you face charges related to sexting.

Is Sexting a Criminal Offense in Connecticut?

While possessing sexually explicit depictions of people under the age of 16 is a crime regardless of how old the possessor is, it is a less serious offense if it specifically arises in the context of two minors As per Connecticut General Statutes §53a-196h, if a person under 16 knowingly sends a sexually explicit picture of themselves via electronic communication to another person under 18, or if a person under 18 receives such an image through electronic means from a person under 16, either party may face charges of “possessing or transmitting child pornography by minor” rather than of “possessing child pornography.”

Compared to the latter type of offense, which is always a felony regardless of the amount or type of illicit material possessed, the former is a lesser class A misdemeanor offense. Furthermore, since the defendant would be a minor, their case would typically proceed in juvenile court rather than adult criminal court, meaning they would generally not be subject to the one-year jail sentence and $2,000 fine that an adult convicted of a class A misdemeanor in Connecticut might face.

However, juvenile court adjudications—the juvenile equivalent of a conviction—can still have serious consequences for minors that will last for years after they turn 18. Because of this, representation from a Connecticut sexting attorney may be critically important for anyone accused of this particular offense.

How Cases Proceed in Juvenile Court

If a sexting allegation is made against your child and they are arrested, police must inform you immediately. In many cases police will contact you first, give you the opportunity to secure legal counsel for your child, and allow them to surrender for processing rather than making an arrest. Police cannot ask your child questions without your permission and you should refuse. Your sexting attorney can interact with the Connecticut police and decide whether your child should speak with investigating officers.

Your child will most likely return home with you rather than go to a juvenile detention facility. You are responsible for ensuring they make their court dates and abide by the conditions the court imposes. In a sexting case, the judge might require you to take away your child’s phone and computer or closely monitor their activity on electronic devices. You also may be asked to prevent contact between your child and the other party involved in the sexting incident.

Juvenile court cases are heard by a judge, and the focus is on rehabilitation. The goal is to get the child the services they need to ensure they have the opportunity to reach their potential in the future.

Consequences in Juvenile Court

When the sexting was not coercive or threatening, prosecutors are often open to negotiating an outcome with minimal long-term consequences for your child. The judge may order your child to participate in therapy or counseling. They may need to report to a juvenile probation officer, and their contact with the other child may be restricted.

If the other child was not a willing participant in the sexting, the court may decide to intervene more forcefully. Similarly, if the child has been engaging in sexual intercourse and is younger than 16, the juvenile court may take more assertive actions. One possibility is that the police or prosecutor may bring a Family With Service Needs (“FWSN”) petition.

If an FWSN petition is granted, you and your child will need to participate in programs the court orders. In some cases, the court may make a referral to the Department of Children and Families (“DCF”). Working with an attorney well-versed in the juvenile justice system and DCF matters in Connecticut is critical in these cases.

Can I Contest Allegations of Illegal Sexting?

There is only one affirmative defense established under state law to charges of child pornography possession by a minor, which also applies to charges of child pornography possession by an adult. Specifically, under C.G.S. §53a-196g, a person cannot be convicted of any child pornography possession offense if they never knowingly possessed more than three illicit images and, upon becoming aware of the images, immediately deleted or destroyed the images and reported them to law enforcement.

Barring this, a sexting lawyer in Connecticut could advocate on a minor’s behalf both before and during juvenile court proceedings to ensure that a single mistake does not unfairly derail a young person’s life. Legal counsel could also provide crucial assistance mitigating potential penalties that could come from an adjudication or—if applicable—a conviction in adult criminal court.

Talk to a Connecticut Sexting Attorney

A Connecticut sexting lawyer could answer any questions you have and set you on the right course towards the best possible outcome to your case. Call today and read our hundreds of 5-atar reviews on avvo.com to learn more.