Almost everyone has a cell phone these days, including children. Sending text and sharing photos is the order of the day whether you are 17 or 37 years old. In most situations, sending photos to friends isn’t a big deal, but what happens when those photos become sexual? Is Sexting a Crime? In some cases, sending or receiving texts and pictures can result in hot water.
If you or someone in your family is charged with sexting, it is important to speak to a Criminal lawyer in Nebraska right now.
What is sexting?
Sexting involves sending sexy pictures, videos, or messages through your phone, tablet, or computer. The content of these transmissions may include:
- Almost nude or completely nude photos;
- Text messages that are sexual, related to sexual acts, or suggest sex; and
- Videos depicting partial or total nudity, simulated sex, or sexual acts.
Sending messages that might be considered sexting is common among teenagers. Sometimes it’s a joke or the result of peer pressure. Legal issues aside, sexting can be devastating when these messages are posted online.
When and who can you get into trouble about sexting?
Understandably, people have a lot of questions when it comes to sexting. Is Sexting Against the Law? Is Sexting an Adult Crime? Is Sexting a Federal Offense or a State Crime?
When two consenting adults are sexting, sending messages to each other is not a Nebraska crime. The problems start when these messages are forwarded to others or put online. At this point, the perpetrator could be breaking both Nebraska and federal laws. Wiretapping, stalking, sexual harassment, or extortion may occur, depending on the sender’s intent.
When a minor is involved, both federal and state laws make sexting a crime. The alleged perpetrator could also be charged with child pornography. Penalties vary depending on the parties involved, the circumstances, and whether the offense is state or federal. Juvenile sentences are often less stringent and can range from a warning to imprisonment. If someone is charged as an adult, they face up to 20 years in prison and fines of thousands of dollars. You will most likely also need to register as a sex offender.
Teen sexting laws aren’t just limited to sending messages. If you receive them, you can get in trouble too. You can’t really control who sends you something, but you can control whether or not you keep it. Therefore, the courts check whether the person kept the picture or deleted it after receiving it.
If both parties are teenagers, then another specific Nebraska law may apply. Teenagers who are not older than two years may not have any legal problems, provided the sender is younger than 19 and the recipient is not younger than 15.
Are there any defense mechanisms against sexting?
There are several positive defense mechanisms available to you in Nebraska. One is when the person who created the picture is under the age of 18 and is none other than that person in the picture. The other possible defense is that the sender believes the recipient is at least 15 years old and willing to accept the image.
If the sting is a sexting, some law enforcement officers are pushing the legal boundaries and this could open the door to an entrapment defense.
When to call a lawyer
If you or someone you love is charged with sexting, you must speak to a skilled Nebraska criminal lawyer immediately. Contact Petersen criminal law today to arrange an initial consultation.
Attorney Tom Petersen has decades of experience defending clients for a variety of criminal offenses, including sex crimes. Let us use our experience for you and prepare the best possible defense.
Petersen was invited to join the National Advocacy for DUI Defense (NAFDD) organization in 2013. NAFDD reviews thousands of lawyers and only selects those who have had excellent results in DUI defense cases. Attorney Petersen was named one of the Top 50 Nebraska Defense Lawyers by more than 5,000.
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