Ridgefield Sexting Lawyer
If you or your child are facing charges for “sexting,” you may want to set up a meeting with a sex crime defense attorney as soon as possible. An experienced Ridgefield sexting lawyer could explain the nature of the charges you are dealing with, go over the repercussions that a conviction may have, and help you construct a strong defense strategy tailored to your unique circumstances.
When Could a Minor Face Charges for Sexting?
Sexting can be a legal issue even if both parties are minors. This is because any sexually explicit visual media of a child under 16 is considered child pornography in the state of Connecticut, regardless of the age of the sender and receiver.
As is the case with all sex-related criminal offenses, the two main factors that determine whether sexting is legal are the ages and consent of the parties involved. If someone over the age of 16 knowingly and intentionally sends a sexually explicit image or video of themselves to another person over the age of 16 who consents to receiving that material, there is no problem under Connecticut state law.
However, according to Connecticut General Statutes §53a-196h, it is illegal for a person under 18 to knowingly possess any explicit visual depiction of another person under the age of 16 that was sent to them by the underage person depicted in said material. The same statute makes it a crime for anyone under 16 to send an explicit depiction of themselves to another person under the age of 18.
What Are Some Sexting Defenses?
The same affirmative defenses that apply to felony child pornography possession charges also apply to charges for possession of such material by a minor. In other words, a prosecutor cannot convict someone under C.G.S. §53a-196h if the sender of such material can show that they did not intend to distribute it, or if the recipient of such material can prove they were not aware the subject was underage. A Ridgefield sexting attorney could go into further detail during a private consultation about what defense strategy would be best for a particular situation.
What Are The Potential Consequences for a Sexting Conviction?
While possession and/or transmission of child pornography by a minor is a much less severe offense than it would be for an adult, it is still a class A misdemeanor offense. This means that a conviction in criminal court could leave a minor facing up to one year of incarceration, which may be deferred or served in juvenile detention depending on the circumstances. Additionally, convictions for this offense sometimes require the defendant to register as a sex offender and go through a period of probation.
Even more serious sanctions may result from a case involving the nonconsensual dissemination of child pornography by a minor—in other words, a minor sharing an explicit picture of another minor without the subject knowing about it or intending for others to see it. In these situations, representation from a sexting attorney in Ridgefield may be especially crucial to preserving a defendant’s future educational and occupational prospects.
Seek Help from a Ridgefield Sexting Attorney
If you or your child are facing such charges, a conversation with a Ridgefield sexting lawyer could help you understand your options and undertake the best course of action for your situation. The lawyers at Mark Sherman Law are ready to take your call. Check out Avvo.com to see the benefits of working with a lawyer and call today to begin working towards a brighter future.