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    New Canaan Sexting Lawyer

    A “sexting” charge levied against a minor is not quite as severe as a child pornography possession charges against adults, but they can still result in serious consequences. By seeking help from an experienced New Canaan sexting lawyer, you could give yaourself and your child much better chances of getting through this unfortunate situation while minimizing long-term repercussions.

    What Consequences Could a “Sexting” Charge Have?

    Connecticut General Statutes §53a-196h technically covers two offenses: possession of child pornography by a minor, and transmission of child pornography by a minor. These two offenses respectively involve a person under 16 willfully sending sexually explicit depictions of themselves to another person under 18, and a person under 18 knowingly receiving a sexually explicit depiction of a person under 16 from the depicted individual. Both actions must involve electronic communication devices of some kind for this statute to apply.

    Why Is Sexting Different Than Possession of Child Porn?

    Connecticut authorities have intentionally differentiated minors exchanging explicit images from adults possessing child pornography, so a violation of C.G.S. §53a-196h is only a class A misdemeanor as opposed to a high-level felony offense. Furthermore, the vast majority of minors charged with sending or receiving child pornography under this statute have their cases heard in juvenile court rather than adult criminal court, meaning that the penalties they could face upon “adjudication” of guilt do not include jail or prison time.

    Is Sexting Between Minors Still Serious?

    Yes, allegations of sexting between minors is still very serious and should be approached diligently. A guilty finding in juvenile court could still have consequences for a minor’s personal and professional life, especially if they are sentenced to probation or to time in juvenile detention.

    Contesting Allegations of Underage Sexting

    Since C.G.S. §53a-196h is technically a child pornography offense, the same affirmative defenses that may apply to child pornography possession charges levied against adults may also apply to underage “sexting” charges. Specifically, if a minor charged under this statute did not knowingly solicit sexually explicit images, never possessed more than two illicit images at any time, and immediately deleted the images and/or notified law enforcement upon becoming aware of them, they cannot face criminal conviction or juvenile adjudication for possession of child pornography, as per C.G.S. §53a-196g. If this exception does not apply to a particular case, a sexting lawyer in New Canaan could go over alternative strategies for disproving the core elements of the charge and potentially mitigating penalties.

    Speak with a New Canaan Sexting Attorney Today

    A seasoned New Canaan sexting lawyer could be an essential ally in your fight to defend your family’s best interests. Read our hundreds of certified client reviews, and call us today to learn more about how we can help you at Mark Sherman Law.