Milford Sexting Lawyer
Even if both participants consented, teenagers who send sexually explicit images or videos of themselves to other teenagers have technically participated in the creation and distribution of child pornography and could face criminal charges. If your child is dealing with allegations along these lines, a lawyer with experience handling such accusations in Milford can offer critical guidance. To protect your child’s best interests and future prospects, get in touch with the team at the Law Offices of Mark Sherman today.
When Is Sexting Against the Law?
As long as the exchange of explicit images is consensual, the Connecticut Penal Code does not place any restrictions on adults “sexting” with each other through text messages, online chats, or any other means of electronic communication.
Conversely, Connecticut General Statutes (C.G.S.) § 53a-196h makes it a Class A misdemeanor for a child under 18 to knowingly receive and possess an explicit image of a child under 16 sent to them voluntarily by the depicted minor through electronic communication. As a Milford sexting attorney can explain, this statute likewise prohibits minors under 16 from voluntarily sending such images of themselves to any other person under 18. The purpose of this law is to protect teenagers rather than punish them. Normally, when an adult receives or solicits explicit images of someone under 18 by any means, they can be charged with Possession of Child Pornography, which is a serious felony offense.
The consequences of sexting could significantly affect a young person’s educational and occupational future. However, teens making ill-advised choices with each other are not equivalent to adults knowingly possessing illegal material, and Connecticut state legislators established the “sexting” law detailed above in order to legally distinguish the former from the latter. This way, teenagers generally will not face felony charges for taking explicit photos or videos of themselves and sending those images to other teenagers in the same way that an adult involved in such an exchange would.
How Can You Handle Sexting Charges in a Proactive Way?
Another unique element of sexting charges in Connecticut is the fact that, because they can only be levied against minors, they are almost always handled through the juvenile court system rather than adult criminal court. Assistance from a skilled sexting defense attorney in Milford is key to reducing the consequences of a sexting charge to a term of probation, a small fine, or even just a formal warning.
If applicable, legal counsel can also help present an affirmative defense to sexting charges in the same way they could present it against certain types of child porn possession charges.
As per C.G.S. § 53a-196g, someone who never possesses more than two instances of child pornography and, upon becoming aware of them, immediately deletes or destroys them and/or notifies law enforcement about them cannot be convicted of any type of child porn possession offense, including “Possessing or Transmitting Child Pornography by a Minor” as defined under C.G.S. § 53a-196h.
Get the Help You Need From a Milford Sexting Attorney
It can be shocking and frightening to learn that your child is facing criminal charges of any kind, especially ones related to child pornography. Fortunately, there is help available. The dedicated legal professionals at the Law Offices of Mark Sherman know how to address sensitive allegations of this nature in an efficient and confidential manner.
Call today to schedule your confidential consultation and discuss your options with a lawyer experienced in handling these kinds of allegations in Milford, and click here to read what past clients have to say about working with us.