Danbury Sexting Lawyer

It is perfectly legal for consenting adults in Connecticut to privately exchange sexually explicit photos or videos, but the same cannot be said for those under the age of 18. In fact, minors who engage in “sexting” with each other have participated in the creation and distribution of child pornography, albeit not in a way that would constitute a felony offense in most situations. Still, criminal charges stemming from sexting can have a dramatic negative impact on a young person’s life, which is why getting help from a Danbury sexting lawyer is crucial to getting through a case like this quickly and with minimal harm done to your child’s future.

How State Law Addresses “Sexting” Between Minors

While the Connecticut Penal Code treats adults who possess, distribute, and/or produce child pornography extremely harshly, it also distinguishes between adults knowingly facilitating the abuse of children and teenagers making ill-advised decisions with one another that could come back to haunt them in the future. As a result, the Connecticut state legislature created a distinct “sexting” law to be applied specifically to the latter scenario.

Under Connecticut General Statutes (C.G.S.) § 53a-196h, it is illegal for a person under 18 to knowingly possess any “visual depiction of child pornography” depicting a child under 16 that was sent to them knowingly and voluntarily by the depicted minor through any “electronic communication device.” This section of the Penal Code also prohibits minors under 16 from acting as the other party in such an exchange—in other words, sending an explicit image of themselves to a person under 18 through an electronic communication device.

Since this law is meant specifically to address “sexting,” it only applies to depictions of child pornography transmitted through computers, computer networks or systems, or cell phones. It does not cover physical media like printed photographs or videos recorded onto DVDs, and it does not apply to adults who engage in “sexting” interactions with minors, as a Danbury sexting attorney can explain in more detail.

Dealing With the Consequences of a “Sexting” Charge

Sexting as defined under C.G.S. §53a-196h is a Class A misdemeanor, which means the maximum penalties someone prosecuted as an adult under this statute could face upon conviction would be one year of incarceration and up to $2,000 in fines. Since this offense can only be committed by minors, though, “sexting” charges are almost always handled in juvenile court rather than adult criminal court, where applicable penalties upon an “adjudication of guilt” tend to be much less severe.

Sanctions like probation, fines, and confinement to juvenile detention, however, can still negatively impact a young person’s life, as can the existence of a juvenile criminal record regardless of what offense(s) that record includes. With that in mind, it can be crucial to have help from a seasoned defense attorney with experience contesting a sexting allegation in Danbury.

Get in Touch With a Danbury Sexting Attorney Today

Sexting between minors is not treated the same way as adults who possess, distribute, or participate in the creation of child pornography, but it is still considered a crime that can have serious repercussions. If you or your child are facing an allegation of this nature, contacting a Danbury sexting lawyer to discuss your defense options should be your top priority. Call the Law Offices of Mark Sherman today for a confidential consultation, and click here to view our Avvo profile with over 300 certified reviews to see what past clients have to say about working with us.