Ridgefield Sexting Lawyer

Teenagers do not always make the wisest decisions about how to conduct themselves in private and around other people their age. Sometimes, that leads to them generating what legally qualifies as child pornography and facing juvenile or even adult criminal charges as a result. If your teenage child has been accused of “sexting” with another teenager, contact an experienced Ridgefield sexting lawyer from the Law Offices of Mark Sherman to resolve the matter quickly while minimizing the damage done to your child’s personal and professional future.

How Is Sexting Different From Possession of Child Pornography?

Adult possession of child pornography is generally far more serious that a minor who is caught in a sexting situation. To learn more about adult possession charges, click here.

While not prosecuted as harshly as adult child pornography offenses in most situations, a juvenile court adjudication of guilt for underage “sexting” can still have serious repercussions on a young person’s life, especially if they try to fight their case without help from a seasoned defense attorney.

When Is “Sexting” Against the Law?

The Connecticut Penal Code places no restrictions on adults over 18 exchanging sexually explicit photos or videos of themselves with each other, provided that everyone involved consents to the exchange. The same cannot be said for minors, since any visual depiction of a minor engaged in sexual conduct—even one created by the depicted minor themselves—constitutes unlawful child pornography.

That said, state legislators have recently made a point of differentiating between adults who knowingly possess, distribute, or create illicit material and teenagers who make unwise choices with each other. As a result, “Possessing or Transmitting Child Pornography by a Minor” is defined as a distinct criminal offense under Connecticut General Statutes (C.G.S.) § 53a-196h, which is separate from the three degrees of child pornography possession defined under C.G.S. §§53a-196d through 53a-196f.

As per this statute, it is illegal for a minor under 18 to knowingly possess any sexually explicit depiction of a minor under 16 sent to them knowingly and voluntarily by the depicted minor via electronic means. It is likewise illegal for a minor under 16 to create such a depiction of themselves and then knowingly and voluntarily send it via electronic means to another minor under 18. As a Ridgefield sexting attorney can affirm, any adult over 18 engaged in a “sexting” relationship with a minor can still be prosecuted for felony child pornography possession.

Is Sexting a Juvenile Offense in Ridgefield?

State law defines the offense of “possessing or transmitting child pornography by minor” separately from other child pornography offenses, as the original intent of this law was to protect minors from making unfortunate decisions during adolescence that could hurt them later on in life. According to Connecticut General Statutes §53a-196h, a person under 16 cannot send sexually explicit depictions of themselves to another minor under 18 via an electronic communication device, and a person under 18 cannot knowingly receive a sexually explicit depiction of a person under 16 sent to them via electronic means by the depicted individual.

Instead of adult criminal court, these cases almost always proceed through juvenile court, where the most an “adjudication” of guilty could result in is a period of probation, smaller fines, and potentially confinement in juvenile detention for a maximum of 18 months. However, it is still best to work with a Ridgefield sexting attorney to contest a juvenile adjudication appearing on a minor’s record if possible, as this kind of ruling could still impact their professional and educational opportunities.

Do Sexting Allegations Ever End Up in Adult Criminal Court?

Sometimes, yes. Technically, C.G.S. §53a-196h classifies this offense as a class A misdemeanor, which in a typical criminal case would expose an adult defendant to a maximum of $2,000 in fines and a year-long jail sentence upon conviction. Again, though, the purpose of this law is to distinguish minors making unwise decisions from adults intentionally possessing and distributing illicit material, so minors charged with “sexting” rarely face prosecution in criminal court.

Even if a minor has a prior record of juvenile court adjudications for other offenses, they would almost never face prosecution as an adult for a “sexting” offense that meets the strict definition noted above. Importantly, though, this section of state law does not apply to situations where a minor receives a sexually explicit image from another minor and then distributes it to multiple other people, or when a minor receives sexually explicit images from someone under the age of 13.

In these circumstances, adult child pornography laws may apply instead, potentially exposing a teenage defendant to felony charges that could alter the course of their life permanently. A sexting lawyer in Ridgefield could offer clarification about these kinds of scenarios and provide irreplaceable legal support in the face of any such prosecutorial effort.

Get in Touch With a Ridgefield Sexting Attorney for Help