Westport Sexting Lawyer
If your child is facing criminal charges for possession or transmission of child pornography by a minor, you may have many questions about the charges and potential penalties. A knowledgeable Westport sexting lawyer could explain exactly how the courts generally approach this offense, what consequences could come from a conviction, and what your options are for protecting your child’s best interests.
What is Sexting?
Connecticut General Statutes §53a-196h criminalizes both sides of a sexting interaction between two minors. In other words, this statute makes it illegal for someone under 18 to possess a sexually explicit depiction of someone under 16, as well as for a person under 16 to send a sexually explicit image of themselves to anyone else under 18 via electronic means.
Notably, the text of the law specifies that the consent of the person depicted in an illicit image is not material to this kind of charge. In other words, it does not mean if the minor depicted in a sexually explicit image knowingly and willingly sent the image to another minor—both parties could still face criminal charges under this statute.
However, thanks to an affirmative defense outlined in C.G.S. §53a-196g, it may be relevant to a case defense if the recipient of a sexually explicit depiction of a minor did not knowingly consent to receiving that image, and if they immediately deleted the image once they became aware of it. A Westport sexting attorney could offer further clarification about this and other possible defense strategies during a confidential consultation.
What Are The Potential Consequences for Sexting?
When state legislators first defined minors exchanging sexually explicit images of each other as a criminal offense, their intent was both to differentiate this kind of action from child pornography offenses committed by adults, and to make children think twice before doing something that technically constituted the creation and distribution of child pornography. In light of that, C.G.S. §53a-196h classifies possession or transmission of child pornography by a minor as a class A misdemeanor offense rather than a felony.
Furthermore, most underage sexting cases proceed through juvenile court instead of adult criminal court, meaning that potential sanctions upon adjudication would generally stop at warnings, fines, probation, and only rarely confinement in a juvenile detention facility. However, working with an experienced sexting lawyer in Westport could still be crucial to mitigating the impact this charge has on a child’s future, as even one guilty finding in juvenile court could have a significant impact on them in both personal and professional contexts.
Get in Touch with a Westport Sexting Attorney Today
Criminal charges for underage sexting could have lasting implications for your child’s future prospects, especially if you try to fight back against those charges without assistance from qualified legal counsel. Not sure how a lawyer can help? Read over 300 reviews from prior clients by following this link to Avvo.com. A dedicated Westport sexting lawyer could help you and your family fight this case.