Stamford Sexting Lawyer
Consenting adults in Connecticut can exchange sexually explicit images of themselves with each other without law enforcement getting involved, but teenagers who engage in “sexting” are breaking the law and technically participating in the creation of child pornography. While the Connecticut Penal Code does distinguish between this type of behavior from adults knowingly possessing child porn, you should still make speaking with a Stamford sexting lawyer a top priority if your child has been accused of sending or receiving explicit images through text or internet messages.
When Is Sexting a Criminal Offense?
According to Connecticut General Statutes §53a-196h, it is illegal for a person to knowingly possess any photo or video of a minor under 16 engaging in explicit sexual conduct that the depicted minor sent them “knowingly and voluntarily” via any “electronic communication device.” The same section of state law also criminalizes the reverse situation—namely, a person under 16 knowingly and voluntarily sending an explicit photo or video of themselves to another person under 18.
Potential Consequences of a Sexting Charge
The Connecticut Penal Code acknowledges a difference between teenagers who exchange sexually explicit images of themselves with each other and adults who knowingly traffic child pornography, primarily so children making unwise choices are not branded as felons on the same level as adult sex offenders. While child porn possession for adults is addressed in Connecticut General Statutes (C.G.S.) §§ 53a-196d through 53a-196f, “sexting” between minors is addressed in C.G.S. § 53a-196h.
Under the lattermost statute, it is against the law for a minor under 16 years old to take a photo or video of themselves engaged in a sexually explicit display or any form of sexual conduct and then knowingly and voluntarily send that image through an electronic communications service to any minor under 18 years old. It is likewise illegal for a minor under 18 years old to knowingly possess any depiction of child pornography sent to them via electronic communication by any minor under 16 years old who is depicted in the material.
This offense is technically categorized as a Class A misdemeanor punishable by up to one year of jail time and a maximum of $2,000 in fines. As a Stamford sexting attorney can further explain, though, it is generally rare for courts to prosecute minors charged with this offense as an adult. Instead, sexting charges are typically handled in juvenile court, where the consequences of an “adjudication of guilt” may include less severe sanctions like formal warning, community service requirements, probation, fines, and confinement in a juvenile detention facility.
What Are the Defenses to Sexting Charges?
Because sexting as defined under C.G.S. § 53a-196h technically constitutes possession of child pornography, the affirmative defenses to child porn possession charges outlined in C.G.S. § 53a-196g can also be applied to sexting charges. As per this statute, someone who never possessed more than two instances of child pornography or who did not knowingly obtain or solicit such material and immediately notified law enforcement and/or destroyed or deleted the material in question cannot be convicted of any degree of child porn possession or unlawful sexting.
It is also worth emphasizing that this statute only applies to individuals who knowingly and voluntarily participated in a sexting exchange, so any minor who was coerced or compelled into taking, sending, or receiving illicit material in this way has not committed a criminal offense. A qualified lawyer can discuss these and other possible defenses against sexting charges in Stamford during a confidential consultation.
Seek Help from a Stamford Sexting Attorney Today
Your child having to face a juvenile adjudication for any crime can be an understandably jarring and intensely stressful experience. It is important for you to understand, though, that you are not alone in dealing with this kind of scenario and that you have help available from a seasoned Stamford sexting lawyer who knows how to handle cases like this proactively and effectively. Call Mark Sherman Law today to schedule your confidential consultation, and click here to visit our Avvo profile to read over 300 certified reviews from past clients.