Fairfield Sexting Lawyer
While sexting charges filed against a minor generally will not result in incarceration, an adjudication of guilt for this offense in juvenile court could still have significant consequences on your child’s future.
An experienced Fairfield sexting lawyer could explain how state authorities treat this particular offense, ensure you understand your legal rights, and work tirelessly to secure a positive case resolution on your family’s behalf.
Is Sexting a Criminal Offense?
Connecticut General Statutes §53a-196h defines “possessing or transmitting child pornography by minor” as a distinct criminal offense that is separate from other degrees of child pornography possession. According to this section, it is a crime for a child under 16 to send a sexually explicit depiction of themselves to another minor under 18 via electronic communication, as well as for a child under 18 to receive such an image or video from a minor under 16.
There are two primary purposes for this law: to protect minors from making reckless decisions that could cause them serious harm in the future, and to differentiate minors who make such reckless decisions from adults who knowingly possess illicit material. In light of that, a violation of C.G.S. §53a-196h is only a class A misdemeanor, whereas any child pornography offense committed by an adult would always be a felony.
Will My Child Go To Adult Court For Sexting Allegations?
Minors accused of violating this statute usually face charges in juvenile court rather than adult criminal court, which means that the penalties they could face if the court adjudicates them guilty fall more within the range of fines, probation, and formal warnings as opposed to jail time. That being said, certain circumstances may prompt a court to remand a minor convicted of this offense into juvenile detention for a maximum of 18 months, so it is generally a good idea to seek counsel from a Fairfield sexting attorney well in advance of an associated juvenile court hearing.
Can I Fight Child Porn Possession by a Minor Charges?
Like other child pornography offenses, charges for underage “sexting” have an affirmative defense established under C.G.S. §53a-196g. Under this statute, a minor accused of possessing nude images of someone under 16 that were sent to them by that minor cannot face consequences for violating C.G.S. §53a-196h if they did not knowingly receive more than two illicit images and immediately took steps to notify law enforcement and/or delete the images once they became aware of them.
Even if this exception does not apply, though, a sexting lawyer in Fairfield could still help build a defense strategy that suits the unique circumstances under which a minor is facing charges for their offense. Advocacy from seasoned legal representation can be key to mitigating long-term repercussions from a juvenile adjudication of guilt, or even to contesting these charges on their merits.
Talk to a Fairfield Sexting Attorney Today
A Fairfield sexting lawyer could provide the support and guidance you may need to protect your child’s best interests. Click here to read on Avvo.com why our attorneys have over 300 certified 5-star reviews. Call today to learn more.