Sexting Laws: What You Need To Know

As Criminal Defense Attorneys who are relied upon for serious Sex Crimes defense, we often deal with cases of sexting gone wrong. Sexting is the text messaging or other transmissions of nude or sexually provocative photos of oneself to another person.  This may also include sexually suggestive messages as well. When done in the context of consenting adults, this may not necessarily a problem. However, when anyone underage is involved, it’s a big problem that will lead to very serious criminal charges. Even between consenting adults, if such images are used for the wrong reasons, like to blackmail or shame an ex, criminal charges will often follow.

The biggest problems arise when the sexting is between minors (“teen to teen”), or between an adult and a minor. Criminal laws come into play when the pics are unwanted by the receiver or are solicited by the receiver in violation of the law. Criminal laws also take effect when a picture is resent or forwarded by one person to a third party.  Notably, in 2012, the Pennsylvania Legislature made it illegal to send sexually explicit images of a minor; however recent Legislation has backed off when the images are sent between minors. Taking or being in possession of sexually explicit photos of minors is a crime; the harshness of the penalty associated with the possession depends on variations of facts involved in the case.  

Interestingly, prosecutors across the Commonwealth of Pennsylvania seem to be grappling with how to treat teen to teen sexting, asking themselves, “Should this be a criminal matter or a domestic matter?”  The answer always lies in the facts. For example, if there is consensual sexting between minors, a teen to teen message, this is sometimes left to the families to address. Complications arise when that sext gets forwarded to a peer, someone not originally intended to receive the transmission.  The question then becomes, did this teen publish child pornography? Are they in possession of child pornography?

Sexting Laws Are Difficult To Navigate

Unfortunately, this can also lead to cyberbullying, a situation where the recipient of the message holds the message as a means of coercion over the sender.  This happens most frequently when there is a minor who sends a sext to another minor who is their boyfriend, girlfriend, or crush. This scenario plays out across the Commonwealth every day and resultantly, minors are put in positions that they are not equipped to deal with.   The minor is almost always too embarrassed to seek adult assistance or to refuse the coercion of the actor, and many times this results in the minor causing harm to himself or herself. The penalties for a minor’s role in this series of events vary. The reverse is also complicated: when a minor receives an unwanted explicit or sexually suggestive sext.  Minors experience a range of emotions, and how these cases are treated and punished vary.

In the event an adult receives an unwanted photo or sexually suggestive sext from a minor, the answer is further complicated.  An adult cannot simply do nothing in this event, but what should or can the adult do to prevent themselves from being prosecuted while also ensuring the unwanted contact stops?  

Chester County Sexting Crimes Attorney

It cannot be overlooked that adults find themselves in situations where they have solicited and/or received sexts from a minor, which could have been done intentionally or unintentionally.  This adult has now subjected themselves to a number of different criminal charges, the consequences of which, aside from possible jail time, can be lifelong; particularly being labelled a sex offender and being subject to the requirements of the Sex Offender Registration and Notification Act (“SORNA”), also known as Megan’s Law.  

Sexting laws in Pennsylvania are complicated and can have very harsh penalties with lifelong consequences, for a minor or an adult.  You should not fight this case alone nor trust any attorney to advocate your rights. Only experienced sex crime attorneys can best advocate your rights and ensure a fair trial.  If you need help, reach out to Benari Law Group at 610-566-1006.