Sexting is an act that could result in a crime you could be charged with
if done at the wrong time or with the wrong person. With sexting, you
could be accused of harassment or pedophilia for sending illicit messages
to others via your mobile device. You could have sent photos or texts,
but whatever that data was, if it’s illicit and is harassing or
going to a minor, you could be in trouble with the law. There are some
defenses against a sexting harassment or child pornography charge, but
the defense will depend on your situation.
Sexting implies that the image or text is sent by text message, but the
truth is that any image-based or textual transmission over the computer,
smart phone, cellphone or other device can be considered for a charge
including sexting. While there is not actually a “sexting”
charge, sexting can result in child pornography or harassment charges
that can land you in hot water.
For example, if you were to send or receive an image of a child performing
a sexual act, you could be accused of child pornography. If you send a
nude image to a minor, you could be accused of solicitation of a minor.
To defend yourself, you’ll need to speak with your attorney about
how you can best represent your case. First, can you prove that the person
in the image or the person who sent the text wasn’t you? If so,
you may be able to argue that you’ve been
wrongfully accused. Can you prove that you sent a message to someone you thought was an adult
but turned out to be a minor? If you didn’t know, then you could
claim your innocence.