Greenwich Sexting Lawyer
If your child is facing charges over explicit images they sent to or received from another minor, you should strongly consider discussing your legal options with a Greenwich sexting lawyer. Once retained, your attorney could help you understand the case against your child and work on your behalf to protect their best interests.
What is Child Pornography?
The definition of “child pornography” set by C.G.S. §53a-193 applies here, so illicit material in this context includes any visual media depicting the uncovered intimate areas of a person under 16 and/or showing a person under 16 engaged in sexually explicit contact or intercourse.
Who Is Not Allowed to “Sext” Under State Law?
It is perfectly legal for consenting adults to share illicit photos. If either or both parties are minors, you get into criminal territory. Under Connecticut General Statutes §53a-196h, it is against the law for anyone under the age of 18 to possess or knowingly receive child pornography through an “electronic communication device”. It is also illegal for anyone under 16 to distribute child pornography via electronic means.
The most important element of this law is that it expressly defines visual depictions of child pornography created and/or distributed willingly by the depicted party as child pornography. This means that it does not matter whether a teenager knowingly sexted with another teenager—both parties may still be guilty of what technically constitutes a child pornography offense. A Greenwich sexting attorney could go into further detail about what state law does and does not prohibit in this regard.
What Are The Penalties For Sexting?
“Possessing or transmitting child pornography by a minor” is technically a class A misdemeanor by the letter of the law, a conviction for which in adult criminal court could lead to a maximum $2,000 fine and up to a year in jail. However, charges filed under C.G.S. §53a-196h almost always fall within the jurisdiction of juvenile courts, where an adjudication generally results in less severe sanctions like warnings, fines, and probation.
That being said, juvenile courts do have the authority to remand minors to up to 18 months of Department of Children and Family custody in extreme situations. Furthermore, a juvenile criminal record can still have a significant impact on a young person’s life even if they are never convicted of or even arrested for another offense again.
In light of that, working with a sexting lawyer in Greenwich could make all the difference in what a minor’s life looks like after a case based around sexting charges concludes. Various defense strategies may be appropriate depending on the circumstances, potentially including one of the affirmative defenses to child pornography possession charges outlined in C.G.S. §53a-196g.
Talk to a Greenwich Sexting Attorney Right Away
Being charged with creating, sending, or receiving child pornography as a minor is a serious matter, even if it may not result in the felony-level repercussions that a conviction for the adult equivalent of this offense could lead to. On Avvo.com you can read why over 300 clients have left the attorneys at Mark Sherman Law 5-star reviews. Schedule a consultation with a Greenwich sexting defense lawyer and get started on your case.