Wilton Sexting Lawyer
If your child is dealing with criminal charges related to “sexting,” you should make speaking with a Wilton sexting lawyer about your legal options your top priority. While it is possible to resolve charges of this nature favorably, doing so without a skilled criminal defense attorney on your side can be prohibitively difficult, especially if this is not the first time your child has faced adjudication for a juvenile offense.
Defining “Sexting” as a Criminal Offense
Recently, the Connecticut state legislature took steps to legally differentiate teenagers exchanging sexually explicit photos or videos of themselves with each other—or “sexting,” in colloquial terms—from adults knowingly possessing or distributing child pornography. Because of these efforts, teens participating in the former behavior are no longer at risk of being charged with any type of felony Child Pornography offense. However, they may still face misdemeanor charges and serious repercussions in juvenile or adult criminal court.
According to Connecticut General Statutes (C.G.S.) § 53a-196h, there are two ways someone can commit the offense of “Possessing or Transmitting Child Pornography By a Minor.” In this context, “Child Pornography” includes any still or moving image of a person under 16 engaged in sexually explicit conduct, including intercourse, sexual contact, masturbation, and “lascivious exhibition of the genitals or pubic area.”
Someone under 18 may be charged under this statute if they knowingly possess any depiction of child pornography, provided the image or video in question was sent to them via electronic means knowingly and voluntarily by the minor depicted in said image or video. Additionally, someone under 16 may be charged under this statute for knowingly and voluntarily sending an image or video of themselves constituting Child Pornography via electronic means to another person under 18 years old.
This offense is a Class A misdemeanor, which means the maximum penalties for someone prosecuted and convicted as an adult may include a year of jail time and/or $2,000 in fines. As a Wilton sexting attorney can further explain, this offense is typically handled in juvenile court, which means the penalties that could come with an “adjudication of guilt” are typically much less severe.
What Are The Consequences of a Sexting Conviction?
C.G.S. §53a-196h classifies both the possession and transmission of child pornography by a minor as a class A misdemeanor offense. If an adult faced charges for an offense of equal severity, a criminal court might sentence them to a maximum of one year in jail and a $2,000 fine upon conviction.
Addressing Sexting Charges in a Proactive Way
It is worth reiterating that the criminal offense of “sexting,” as defined above, requires both parties to knowingly and voluntarily participate in the exchange of illicit material. Accordingly, if someone accused of violating C.G.S. §53a-196h can prove they did not knowingly possess any explicit image or video or that they did not knowingly and voluntarily send any such depiction of themselves to anyone else, this could be factored into a defense strategy against the underlying charge.
Alternatively, courts are often amenable to minimizing the consequences imposed on a minor charged under this statute who otherwise has a clean record since the entire purpose of this statute is to ensure young people are not punished as lifelong felons for making a youthful mistake. A sexting defense attorney in Wilton can discuss specific options in further detail during a private consultation.
Will My Child’s Sexting Case Be Heard in Juvenile Court?
Fortunately, “sexting” charges against minors very rarely progress to adult criminal court, as the purpose of this law is to protect teenagers from making unwise decisions that come back to haunt them in the future. Instead, a person under 18 charged with violating C.G.S. §53a-196h usually has their case heard through the juvenile court system, where an “adjudication” of guilt could result in much less severe penalties like warnings, fines, and short periods of probation.
In extreme situations, though, juvenile courts do have the right to order detainment in a juvenile detention facility for up to 18 months, and multiple adjudications against a minor could do an immense amount of harm to their future personal and professional prospects. In light of that, it is still often worthwhile to retain a skilled lawyer when dealing with sexting charges in Wilton.
Work With a Wilton Sexting Attorney From Mark Sherman Law
Sexting charges filed against minors in Connecticut are not nearly as severe as Child Pornography charges filed against adults. However, “sexting” between minors is still a criminal offense, and that means assistance from a knowledgeable attorney is still vital to getting through this sort of case efficiently and effectively.
Speaking with a Wilton sexting lawyer provides answers to important questions and guidance regarding your family’s next steps. Call Mark Sherman Law today to schedule your consultation, and view some of our over 300 certified client reviews here.