Is Sexting a Felony?

Mon, Oct 5, 2015

General Legal Issues

5531939741_901461f3d3_bSexting is certainly a modern invention. There have been several scandals involving it and they’re hard to miss. In addition, several social media embarrassments are similar in scope to sexting scandals. Some people never learn.

Posting and texting provocative statements are becoming more and more commonplace. Sometimes it is kept between romantic partners, sometimes it is spread around like wildfire for all to see. And of course, you can’t trust everyone, so even when you think it is going to stay private there is no guarantee.

There is an app that is supposed to prevent keeping a record of pictures and such. But people soon found a way around that and there is usually some sort of “trail” left behind.

It’s one thing when those of age are participating in this behavior. However, it’s entirely different when minors are sexting and posting nude pictures. Then it becomes a completely different type of illegal behavior, a behavior sometimes considered child pornography, whether by participating OR distributing it. That is a very serious crime.

But when you are young you don’t always understand the law, nor do you always care about consequences. You are impulsive and want to fit in when you’re young. Therefore, teens could end up becoming involved in child pornography without even knowing it.

That’s because someone might take a nude photo of themselves and send it to their boyfriend or girlfriend, who sends it to someone else, and so it goes. It gets posted, texted, and more. Not only could the image be considered profane, it could also be illegal. It’s also a warning to those who look up these types of images on the internet, you never really know where they come from and you never know where they’ve been. Keep that in mind if you look at them and share them. Don’t disregard common sense—use practical, legal avenues.

The Family Online Safety Institute discusses this issue at length.

Attorney Christopher D. Smith, Sr. is designated a Board Certified Consumer Bankruptcy Lawyer by the American Board of Certification.  SmithLaw is located in Lakewood Ranch, Florida.  Attorney Smith concentrates on bankruptcy, civil litigation, probate, estate planning, and elder exploitation cases in the Sarasota and Bradenton area.  Call 941-202-2222 to learn more.  SmithLaw offers free consultations in certain areas, including consumer bankruptcy, probate, and personal injury matters.

Image: Some rights reserved by GoodNCrazy

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