Weston Sexting Lawyer
It is often possible to contest allegations of a minor possessing or transmitting child pornography with help from a Weston sexting lawyer. A criminal defense attorney with experience handling these sensitive situations could provide legal guidance for minors facing these charges and their parents hoping to mitigate the consequences.
When is Sexting Illegal in Weston?
In the interest of protecting teenagers from making unfortunate mistakes and preventing the creation of child pornography that could be spread through digital means, Connecticut legislators recently criminalized the act of “sexting” between minors. While this offense is distinct from other child pornography offenses and carries less severe penalties, a criminal charge of this nature could still have serious consequences for the juvenile(s) affected.
If both parties involved are adults over the age of 18, it is legal in Connecticut to mutually exchange sexually explicit images through electronic communication. However, if a person under 18 receives an explicit image of someone under 16 who knowingly and intentionally sent them that image, both parties may face criminal charges for violating Connecticut General Statutes §53a-196h. This statute prohibits the transmission and possession of child pornography by a minor.
What are the Criminal Penalties for Underage Sexting?
This offense is technically considered a Class A misdemeanor punishable by a one-year jail term and up to $2,000 in fines. However, since the criminal offense of “sexting” can only be committed by a minor, these charges are rarely prosecuted in adult criminal court. Instead, these cases typically proceed through juvenile court, where an adjudication of guilt may result in sanctions like:
- Formal warnings
- Minor fines
- Maximum of 18 months in juvenile detention
Is Sexting Ever Tried In The Adult Court?
Yes! Even a minor can be brought before adult court under certain circumstances. It is important to note that C.G.S. §53a-196h only applies in circumstances where minors are exchanging explicit visual depictions of themselves with other minors through an electronic communication device. A minor who possesses child pornography under other circumstances may face more severe criminal charges under different sections of state law, as a Weston sexting attorney could further explain.
How Do You Contest Criminal Sexting Allegations?
Since C.G.S. §53a-196h is technically a child pornography offense, the same affirmative defenses established under C.G.S. §53a-196g may also apply to sexting charges. Specifically, if a person accused of unlawful sexting possessed fewer than three explicit images, immediately took measures to delete the images, and reported them to law enforcement upon becoming aware of them, they cannot be convicted or adjudicated guilty.
Outside of this scenario, an effective defense to an accusation of sexting often revolves around challenging the prosecution’s assertion that the defendant knowingly and intentionally participated in an exchange of explicit images meeting the legal definition of child pornography. A skilled local attorney could discuss options for contesting sexting charges during a confidential consultation.
Criminal charges for sexting between minors could wreak havoc on a young person’s life. To give yourself and your family the best chance of moving past this situation with a positive case resolution, seek help from a legal professional who has successfully handled similar cases.
Consult a Confidential Weston Sexting Attorney
A dedicated Weston sexting lawyer could work on your behalf to seek the best possible result from your or your child’s case. Call today for a private consultation and learn your legal options. Head on over to Avvo.com to read some of our certified client reviews to learn firsthand what it’s like to work with Mark Sherman Law.