Can you get in trouble for sexting?
The quick answer is yes, you can get in trouble for sexting, but sexting can also have unforeseen consequences beyond legal troubles that can be devastating like Jessica Logan’s story. Legislatures across the country are dealing with this issue and many are attempting to pass sexting laws. Know the laws in your state as well as the other possible conseqences (school, future jobs, emotional distress, etc.) by reading further.
Let’s talk about sext, baby.
As you know, sexting is the practice of sending nude or semi-nude pictures of yourself to someone else by cell phone – like texting. It has resulted in serious consequences for some teens. Consider the outcome of Phillip Alpert’s behavior in 2008.
Phillip’s story: felony charges for consensual sexting….really?!?!
Phillip was an 18-year-old student in Florida when he broke up with his 16-year-old girlfriend. While they were dating, she sent him nude pictures of herself. After breaking up, Phillip became angry and in retaliation, sent the pictures to over 70 people including her parents, grandparents and teachers.
Phillip was charged with sending child pornography and was convicted. He was sentenced in 2008 to five years probation and required to register as a sex offender until he’s 43-years-old. In a 2009 interview, Phillip said that “A lot of my friends have not stood by me . . .people don’t want to talk to me anymore.” Phillip has to attend sex offender meetings and is having trouble finding work.
Jessica’s story: a viral pic has devastating and unintended consequences.
Photo from MSNBC video
Or consider the tragic outcome of Jessica Logan’s sext message. Jessica was a senior at Sycamore High School in Ohio. She sent a nude picture of herself to her boyfriend. After they broke up, he sent the photos to a few friends and they ended up being viewed by hundreds of students at several schools. The harassment Jesse endured was relentless. She was called a slut and a whore, teased and even had things thrown at her. She became depressed and started skipping school.
Jessica decided to confront the problem by going on local television to tell her story. “I just want to make sure no one else will have to go through this again.” Two months later, on July 3, 2008, Jessica hanged herself in her bedroom closet.
Her mother, Cynthia Logan, has taken up the cause of educating our nation’s youth about the dangers of sexting. In May, 2009, Jessica’s parents filed a lawsuit against the school district and school resource officer for negligence in failing to protect their daughter.** Also named in the lawsuit is her ex-boyfriend and four other students for severe infliction of emotional distress and invasion of privacy.
In February, 2012, Ohio Gov. John Kasich signed the “Jessica Logan Act”* into law. The law adds cyberbullying to school responsibilities and covers acts on buses and at off-campus events. The law primarily puts the burden on schools to educate kids not to sext and to enact anti-bullying policies aimed at stopping distribution of the photos. Supporters say the law strikes a fair balance between education and enforcement, but critics say it doesn’t go far enough to punish bullies.
Read Jessica’s poem written when she was 17 for a Writer’s Workshop at school called “The Door That Lies Before You“.
Photo by Rohan Kar
State and federal sexting laws
Child pornography is a crime. Whether you send, receive or even possess sexual photos of teenagers or children it is a felony in most states. And it isn’t limited to cell phone texting. Using any form of electronic communication (email, instant messaging, etc.) involving sexual content and minors may have dire consequences. Your life will drastically change if you’re caught violating child pornography laws or new sexting laws being passed in some states.
Because numerous teens have been charged with sexting or possession of child pornography as a result of their school or the police searching their cell phones, know your rights about this issue and when the police can read your text messages.
Other resources
In an article written for the National Law Journal in July, 2009, Prof. Vivian O. Berger of Columbia Law School commented about sexting: “Momentary recklessness can result in mammoth embarrassment and grave damage to reputation: images virally spread on the Internet carry the potential to scuttle college admissions prospects and job opportunities years later.”
See Prof. Berger’s article “Stop Prosecuting Teens for Sexting” and find out more about this issue.
*Ohio Revised Statutes, Sections 3313.666, 3313.667 and 3319.073.
**Sycamore High School settled with Jessica’s family in 2012 and agreed to pay $154,000 in damages. However, no amount of money can bring back their daughter. Please help spread the word about these tragic stories involving cyberbullying, so we can all learn from them and encourage everyone to practice respect and netiquette.
Watch Judge Tom below quickly discuss the risks of sexting including the state laws against it.
I thought I was sexting my wife and role playing like we usually do online and through texts. But when I started to be blackmailed I went to the police right away. Now I’m being charged for texting an underaged girl. What can I do?
Dear Andrew: We suggest you contact a criminal defense attorney, especially if you have actually been charged with a crime. Sexting is a crime in many states, and consequences can be long-lasting. Look here for more information on this: https://cyberbullying.org/sexting-laws
Take a look at our Resource Directory for locating a lawyer who can advise you in this situation.
(This is information only – not legal advice).
When i asked earlier u said about both states laws do you mean like if let’s say my state has a diversion program for first time and the other state has a 5 year prison sentence for first time can they still press charges even though the laws are different
Dear John: Depending on the laws where this happened, either state could decide to file charges. That means the state where you live and sent the posts, or the state where they were received. In whichever state you broke a law, the prosecutor there could go forward with charges. The penalties, whether incarceration or diversion and everything in between, would be up to the sentencing judge.
(This is information only – not legal advice).
So if I have to go another state for sexting does that mean i have to go to jail because the other state doesn’t have a diversion program
Dear John: If you’re found guilty of sexting, the penalty is up to the judge assigned to your case. Depending on the facts of the case, you may not be ordered to do any jail time. You may get probation for a short time with community service, or a class about sexting and digital etiquette. It depends on what’s available in the jurisdiction where the court is. Good luck.
(This is information only – not legal advice).
Hello my one question is so In your last answer u said severity of my act like what would u mean like what would the severity have to be like what would my act have to be for me to go to another state
That would depend entirely on the prosecutor’s office. Based on what exactly was said, the age of the victim, and the policies of the prosecutor’s office regarding filing these charges, a decision is made whether to actually file formal charges. A lot goes into this decision. Good luck.
(This is information only – not legal advice).
So if I sexted 10 other girls all from other states and let’s say one of us gets caught would I have to go to court in other states for something I did in NY where I live and will I face NY charges or the other states too I’m sorry never gonna do it again
Dear John: First, we’re glad to see your comment about never doing this again. You’ll be thankful if you don’t. Posts have a way of re-appearing in the future when it’s least expected. It will ruin your day.
It’s unlikely you’ll end up in court or formally charged in other states for sexting from your home state. Of course, it depends on the severity of your act and the laws in both states. Good luck.
(This is information only – not legal advice).
I have a question if I sexted let’s say maybe 10 other minors in different states would I get in trouble in there state and face charges in there state or only New York because that’s where I live I’m also a minor and would be my first offense and if I got caught sexting other minors in other states will they get in trouble too or only me
Dear Aidan: Every state has specific laws about sexting. They aren’t all the same – they differ as to what’s illegal and what the penalties are if the laws are broken. So, you have to look at New York’s laws about sexting to see what applies where you live. Google “New York sexting laws” for information. You can do the same about the other states where you sent sext messages. Think twice about doing this again because it could easily have an effect on your future.
(This is information only – not legal advice).
Hello your honor I have sexted other people from other states I feel ashamed by it and I’m sorry but my question is i live In New York and it says both parties have to take classes does that mean I’m not eligible for diversion because there from different states and it would be my first offense does that mean I can go to jail for it
Dear Aidan: What may happen in your case depends entirely on the specific laws in New York. As a first offense, you could be eligible for a diversion program. If you are charged with sexting, discuss the possible penalties with a lawyer. Sexting with someone in another state wouldn’t automatically disqualify you from diversion, depending on the applicable laws. We suggest you refrain from any & all sexting since you don’t know where your sexts will end up, or how they may affect your future as far as employment, education, or military service. Good luck.
(This is information only – not legal advice).
I have never gotten in Trouble in my life until this and from learning from this I have completely turned my life around I have helped people who are depressed and who need someone to talk to and for everyone I sexted with from other states I apologized sincerely and said I am a new person if this ever comes up can this be a advantage for me I’m court or the judge will brush it off and say no diversion program because I did it more than once for first time offense
Dear Aidan: Relax. It’s possible that no criminal charges will be filed against you. If they are, discuss your personal history with your lawyer and you may be offered diversion. You can’t change history, but you can manage your future with calm deliberation, patience and wisdom. Talk with your parents or other adult you trust about this.
(This is information only – not legal advice).
Can I only go in a diversion program if the people are from the same state or can I still do it if there all from different states
Dear Aidan: Diversion may be completed in one state for offenses in another, but it’s entirely up to the courts and law enforcement agencies involved.
(This is information only – not legal advice).
Hello your honor first off ide like to thank you for what you did for the past 23 years and my question is in ny if let’s say sexted 6 other people from other states would I still be eligible for the diversion program or is there no chance and I’m going to juvi it would be my first time going to court I am 14
Dear Aidan: You could be eligible for diversion depending on many factors that the court or probation department would take into consideration. That includes the court’s policy regarding diversion, your history of behavior and any brushes with the law, your parents input to the court, etc. If you are offered diversion, make sure you complete all of the terms, on time. Good luck.
(This is information only – not legal advice).
Hello I am currently very nervous about what I did I sexted 5 other people in my life and all from other states I am worried that if I get caught will I go to jail or juvi will I get a sex offender registration I regret it every day of my life i just wish I never did it I’m a good kid I just did something very stupid and I am wondering if this happened in may and June and July will I still get caught or am i ok now but I promise on everyone I love I will never do this again I didn’t know it was illegal and I’m sorry
Dear Aidan: Every state has laws about sexting and they vary from state to state. So, just because this happened a few months ago doesn’t mean you’re in the clear. Criminal laws have what are called “statutes of limitation.” That means the authorities have a set amount of time (say, a year or two) to file formal charges against a person. For further information, you can google the name of the state where you did this and “sexting laws.” We’re glad to hear you’re remorseful for your acts. Learn from this and think before you post. Good luck.
(This is information only – not legal advice).
So this person online asked a friend of mine for a lewd picture of a certain area. I didn’t ask for his age until after I sent it. The person that asked reported he was 17, when this person originally claimed that he was 25. So what should this friend of mine do? I know my friend didn’t verify that person’s age until afterwards, so can he get in trouble with the law? Everything that my friend did was unintentional because he believed the person on the other side of the world. Could he end up in jail? He is 31 and he has never had trouble with the law nor he had any offense or felony.
Dear Lin: Your friend has to look to the specific laws in his state regarding sexting. So, if he googles “sexting laws” and the name of the state, he’ll be able to see if any laws have been broken. Each state has its own laws on sexting and they differ slightly from state to state.
(This is information only – not legal advice).
What charges can be pressed in NY state if a 14 year old female receives some pictures and videos of a 22 year old male pleasuring himself. She does not know him and never asked for the pictures. She didn’t send any pictures back and she told him she was 14 and wanted him to stop but he kept sending them. This individual has already been charged with First degree Rape.
Dear Sabrina: The girl needs to talk to her parents about what is going on or another trusted adult. The photos/videos should not be deleted as they can be shared with the police and may be used as evidence if charges are filed against the person. He certainly is breaking the law. The specific law(s) being broken depend on NY’s state laws concerning sexual exploitation and child pornography. These are very serious offenses that can result in prison time. Again, the girl needs to talk to her parents/a trusted adult who can help put an end to his conduct and report the matter to the police. There is a good chance that there are other victims out there who he is harassing. Good luck.
(Check our Teen Help Network for more help and resources in your area. This is information only – not legal advice.)
theorical question? if a person says she is 18 or older but she is actually a minor and lies about her age to an adult then engages in sexual talk with the adult, could the adult get arrested and convicted if he has prove that she lied about her age and he has never met her or seen her and has no way of knowing?
Dear Antonio: The answer to your question depends on the specific laws on the subject where this happened. All states have statutes about age of majority and what’s illegal contact between an adult and a minor. Ignorance of a person’s age is generally not a defense. If someone in this situation is charged with a crime, consulting a criminal defense attorney would be wise.
(This is information only – not legal advice).
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Im up in court for sending nudes and sexual messages to a 13 year old and im 16 but it wasnt me, my social media was hack and now im really scared, could i end up going to jail
Dear Liam: The possible consequences depend on the exact circumstances of your case, the laws in your state as well as your criminal history (if you have one). You can click the following link to learn more about the sexting laws in your state. Because the charges can be serious and therefore the possible consequences can be serious, you (and your parents) may want to consult with a criminal attorney. Many attorneys offer a free initial consultation. However, if you are being charged with a misdemeanor (a less serious charge) and given the opportunity to complete a diversion program, you may not need an attorney, but you could still consult with one. Good luck.
(Check our Teen Help Network for more help and resources in your area. This is information only – not legal advice.)
Hi i have done somthing wrong and i have to be seen by the police im 15 and would like to know if im going jail.
Dear Lewis: We don’t know your circumstances or the laws where you live, but if the police want to meet with you, it could be that they want to interview you and get more information in order to decide whether or not charges will be filed. You would only be arrested and possibly placed in juvenile detention if the charges were very serious like certain felony charges. If you live in the United States, you could click here to find the specific sexting laws in your state. Good luck.
(Check our Teen Help Network for more help and resources in your area. This is information only – not legal advice.)
If I am a minor, going to court for the 1st for sexting strangers(never distributed nor harmed a person), and the state law doesn’t have any law(s) protecting minors, what is there to do?
What if the minor committed the act months ago and has since learned to never do it , will it all be taken to account?
Could the minor have a clean record?
Dear Marlin: There may not be any laws protecting minors from sexting, but there could be laws that prohibit minors from participating in sexting. Google the name of your state and “sexting laws” for information about this where you live. If you are charged with the crime of sexting, discuss the situation with a lawyer and to learn about possible penalties. Depending on the laws, your age, and exactly what was done, it may be possible for you to have your record (if you get one) expunged (destroyed) after a period of time. Good luck.
(This is information only – not legal advice).
My recent then 17 now 18 year old ex and I got into a dispute that has now got the law involved. We ended up arguing over the phone. Him and I both have sexted each other pictures and videos. over the phone he threatened to send a video of me to my mom so I threatened to post him on my social media but I never actually did but he has it in a text message. then he kept calling me and texting me rude things and harrassing my mom so I sent a nude of him to his friend . The next morning cops to my phone to go through it because he said i posted it which I didn’t and sine we are both underage its considered child pornography. long story short the cops could not unlock my phone so my question is if I give the cops the code to unlock my phone will he get in trouble for sexting me pictures and videos too or will I only get in trouble for sending the picture out? If so what consequences am I facing ? ps I am a 17 years old and live in Pennslyvania.
Dear Court: Every state has its own laws regarding sexting and the consequences for violating the law. Here is a post we wrote about Pennsylvania’s law that went into effect in 2012:
http://www.askthejudge.info/new-sexting-law-tested-in-pennsylvania/
You can also google “Pennsylvania sexting laws” for more information on the subject. It’s best not to sext at all since you have no idea where your photos will end up or any control over them once you hit “send.”
(This is information only – not legal advice).
my recent ex boyfriend is threatening to kill me getting people to say these things to me, i hsve sexted with him will i be arrested or introublr for this act .
I have a secretive account on social media that is for sexual adventures and i cannot let my parents know
I borrowed my friends ipad to write this please tell me exactly what will happen.
Dear Rosie: Every state has laws regarding the behaviors you write about. Depending on the circumstances, threats, sexting, intimidation and harassment may amount to a crime. Your age is a factor, as well as the exact language used in the messages and nature of the photos. Any threats against you such as you describe (“threatening to kill” you) should be reported to the authorities. You can also consider getting a restraining order against your ex-boyfriend. You don’t need a lawyer for this, it’s free and available from any court you go to. Good luck, stay safe, and stop sexting.
(This is information only – not legal advice).
(California) If a minor has been given community service for first offense of sexting, does that mean the record can be destroyed?
Dear Morigan: The purpose of “diversion” is to keep you from having an official record in the first place. So, once the diversion program is successfully completed, the case is closed and no record exists (in most states). You can check with both the court and police department involved with this offense to see if any record still exists a few months after diversion is over. Good luck.
(This is information only – not legal advice).
An adult male distant family friend befriended & sent a picture of his genitals to my 16 yr old minor on FB. What s my next course of action if the police / sex crime unit refuse to assist?
Dear Ron: You can take action to protect your daughter from additional photos. Report it to Facebook and they may take action. Even though the police didn’t accept the case for investigation, you can let your local prosecutor’s office know about this. They may have a victims assistance program. Good luck.
(This is information only – not legal advice).
What if a minor, for first offense, sexts several people out of state, would it be considered for the minor to get into a diversion program? (CA) Or will there be several cases individually and get the minor in serious trouble?
Dear Noalia: These incidents could be handled as one offense, or the state could decide to separate them and charge her with multiple offenses. It’s up to the prosecutor assigned to the case. Since it’s her first offense, she could be eligible for a diversion program. Again, it’s up to the prosecutor to offer diversion, or not. Good luck.
(This is information only -not legal advice).
Should I report, to an attorney, that I have sexted while being underaged?(currently, still am)
Dear Sera: We aren’t in a position to tell you what to do. This is a decision you must make, maybe after discussing it with your parents or guardian. It depends on the situation you find yourself in and what brings this subject up in the first place. If you are in any danger, or are being threatened or blackmailed with the photos, you need to tell an adult you trust immediately. They are there to protect you. Good luck.
(This is information only – not legal advice).
(In California)
How much trouble to parents get if, an underaged child, sexts and has an offense for the first time?
What is told by the child with what apps were used when sexting, do police search elsewhere besides those apps as well?
Dear Yami: The answers to your questions depend on the laws in the state where this takes place. Most states have laws against sexting and penalties for violating the law. If you google the name of your state and “sexting laws,” you’ll find information on this.
(This is information only – not legal advice).
Hi! I met this girl on Kik she’s 15 and she offered to send me nudes and Skype shows for PayPal money she’s american and I’m in Asia I told her I can’t send money bcz banks out here don’t have this function and I told her we have prepaid cards! And asked her fr a sample pic she sent me a nudie and I said that I wanted to see her fave not body! And after that she goty exact location by sending me a link with her hot pix ! And now she’s threatening me to get money or she’ll hold a law suite against me.. Can u plz help ?
Dear Joe: What this girl is doing to you is considered “sextortion.” However, depending on the laws of your country as well as the state where the girl resides, you could be facing consequences for receiving a nude photo of the girl. If you are an adult (18 or older), the legal consequences you face could be serious. It would be best to delete any photos, definitely do not share the photos with anyone and discontinue your contact with the girl. You may want to consult with an attorney in your area who handles similar cases (sexting, etc.). Hopefully you have learned from this as exchanging nude photos with strangers online can be a very serious and dangerous matter. Good luck.
(Check our Teen Help Network for more help and resources in your area. This is information only – not legal advice.)
Following my last post;
( I am going to tell a juge that I have sexted other people from other states. I had absolutely no idea how this could affect me or others nor know how sexting is just illegal. I was and am emotional depressed and feel like killing myself now because of how many people I have contacted with. I live in California, was a minor when this happened(still am), and now I’m reading the state laws: I would get councleing, therapy, and do community service if it were my first time. I also plan and HIGHLY AND EXTREMELY mean to say to the judge that I will NEVER do this again.)
Will I be able to ‘seal’ or ‘destroy’ my record after I have completed my diversion?
Dear Lyra: If you are charged with sexting and end up in court over these incidents, ask your lawyer about the consequences and if you are eligible under the laws where you live to have your record destroyed. You may have to wait a year or so to apply for destruction of the records. In the meantime, resist the temptation to continue sexting. It can, and will eventually, backfire on you. Good luck.
(This is information only – not legal advice).
I am going to tell a juge that I have sexted other people from other states. I had absolutely no idea how this could affect me or others nor know how sexting is just illegal. I was and am emotional depressed and feel like killing myself now because of how many people I have contacted with. I live in California, was a minor when this happened(still am), and now I’m reading the state laws: I would get councleing, therapy, and do community service if it were my first time. My question I want to ask is: Does first time include sexting with one or multiple adults before telling the judge? I also plan and HIGHLY AND EXTREMELY mean to say to the judge that I will NEVER do this again. Will I also get a permanent sex offender and go to jail? Will no colleges ever accept me?
Dear Lyra: Because you are a minor and this is your first time going to court, it’s likely that you will be facing a diversion type of program. This means that you may need to complete community service hours and attend educational classes and/or counseling. Talk to your parents about this and if you have an attorney, be sure to speak to him/her. You don’t necessarily need to tell the judge everything except for the fact that you will never do this again and learned your lesson from this huge mistake. Again, because you’re a minor and because this is your first offense, any jail time is extremely unlikely and you shouldn’t have to worry about registering as a sex offender. That being said, you will need to look at the specific laws in your state. Click the following link to find out more about the sexting law in your state. Remember that if you continue to sext, you could be facing more and more serious consequences so we truly hope you learned from this especially considering it can be very dangerous when doing such a thing with strangers. Good luck.
(Check our Teen Help Network for more help and resources in your area. This is information only – not legal advice.)
I am 20 and I suffer from multiple personality disorder. I have recently come to discover that I have sent pictures of myself to strangers online without ever remembering doing it afterwards. I’m now terrified I could go to jail for something I didn’t even know I was doing. Especially bc what I have is undiagnosed and I’d have no way to prove it. What do I do?
Dear Andrea: You may not be facing jail if you’ve never been in trouble before and if you sent the pictures to other adults and not minors (those under 18). You need to refer to the specific laws in your state. However, you really need to be treated for your condition as you may continue to do this behavior and find yourself in deeper trouble. If you don’t have insurance, look into your state’s free mental health care system. It’s possible that you could receive free help and treatment. Good luck.
(Check our Teen Help Network for more help and resources in your area. This is information only – not legal advice.)
I am 18 and I want to become a police officer in Canada but I have sent a nude picture to a girl in Texas who is 16. We had a friends with benefits kind of thing through the Internet that went from when she was 14 and I was 16 turning 17 in the month. Would this prevent me from becoming on officer? And could I end up in jail for this
Dear Arthur: In the U.S. and Canada there are laws regarding sexting. They differ in the various states and provinces as far as what’s illegal and the consequences for breaking the law. We suggest that you google your province and “sexting laws” for information on this. In the meantime, it would be best to stop all sexting activities. Your future is in the balance. Good luck.
(This is information only – not legal advice).
i have sent a nude to a 18 and come to find out from there parents she was 15 wat would happen if she lied to me and led me what would be the worst that could happen in court the 18th in berea ky
Dear Evan: Take a look at this website for information about sexting in Kentucky.
http://cyberbullying.org/sexting-laws/kentucky
You can also speak with a criminal defense attorney about this before you go to court. Some offer free initial consultations, so ask about this if you contact one. See our Teen Help Network for lawyers where you live.
http://www.askthejudge.info/directory
Good luck. (This is information only – not legal advice).
What if you dont have any record of breaking the law or any other criminal record and its ur first time ever sxting and sent selfie maybe a year or long time ago and you explain how you learned from it and are moving on from it could they take that all into consideration? what could happen?
Dear Christopher: Yes, that could be taken into consideration. Diversion programs are offered in many courts throughout the country, which allow first-time offenders of minor offenses an opportunity to avoid a record so long as they complete the terms of the program. The terms may include community service, payment of a fine, educational classes and/or counseling. You can click here to learn more about the consequences for sexting in your state. Good luck.
(Check our Teen Help Network for more help and resources in your area. This is information only – not legal advice.)
Hi i have this friend she is 17 now but she sexted 5 years ago should she be worried about it still or go to the authorities about it
Dear Michaela: As your friend is probably aware, the problem with sexting is that once you put it out there, you have no control over it and don’t know where those pics could end up. You cannot permanently delete anything you send, whether it’s pictures, messages, etc. However, there is no reason for her to go to the police unless someone is using those pictures to threaten, intimidate, etc. If she’s heard nothing over the past 5 years concerning the pics, then hopefully they will not follow her or become an issue. Good luck to your friend.
(Check our Teen Help Network for more help and resources in your area. This is information only – not legal advice.)
I’m 10 years old this boy whos 15 asked me to do a nude snd I did I was dumb He THREATENDS me to put it on dark web I NEED
HELP
Dear Emma: We are sorry and saddened to hear about this. At your age, you have to talk to your parents about what happened and what this boy is threatening to do. They can contact his parents and put a stop to this. As you know, once your photos are on the web, they’re posted forever. It’s better to tell your parents now than have them find out after it’s too late. Good luck, and be sure not to post or send anyone at anytime, nude photos of yourself.
(This is information only – not legal advice).
If someone asks a minor for a nude photograph but doesn’t receive one can he still be punished?
Dear Andre: That would depend on the specific laws where this happened. States have what are called “sexting laws” that spell out what’s criminal and the penalties if convicted of a sexting crime. You can google the name of the state and “sexting laws” for information.
(This is information only – not legal advice).
Hello sir, my Freind going through something similar to the aforementioned problems. He was on a dating site looking for casual sex a girl who said she was over 18 responded they traded numbers and she sent a couple pictures that were lewd in nature he got home from work and her “father” called saying he was going to take her phone to the cops and get him aressted for child pornography he learned she’s 17 now they live in a different states so this feels like a total scam as they demanddd he pay for a phone deactivation to the tune of around 400$ and they would drop the entire thing. He deleted everything after he got the call in a panic induced fear . However the legal and financial complications are daunting and he’s afraid he’s going to lose everything if this is actually real. I maintain its a scam. Is he going to be in trouble for this? Especially since the site he joined is for 18+ and he didn’t ask for the pictures they were sent to him and was basically asked for a picture of himself.
Dear Joseph: There is no easy “yes” or “no” answer to your questions. Every state has laws regarding “sexting” that carry criminal penalties if convicted. Your friend can speak with a lawyer about this. Some offer free initial consultations. He can take a look at our Teen Help Network for lawyers where he lives:
http://www.askthejudge.info/directory
In the future, he should stop all online communication with strangers and refrain from participating in all contact involving photos with sexual content. Some states prohibit passing on such photos to others.
(This is information only – not legal advice).
Hey Sir, my friend lives in Delaware he opened up a dating app that is only allowed for 18+ individuals he met a girl online he thought she was 18. However, she was under 18 she sent him a nude picture without him asking for it she also afterwards said she was 16. My friend believed that this was a scam of some sort therefor he continued to talk to her and get her to come over because he thought that this was a scam and her parents found out and threatened to take legal action unless my friend would pay them 1000$ for damages to furniture so my friend knew this felt like a scam but he is depressed and has anxiety issues now he is scared to lose his career and family what should he do he doesn’t have contact with them anymore but he sacred of legal ramifications and that there is an investigation going on?
Dear AJ: If there is an ongoing investigation, your friend will know as soon as the authorities contact him. Then he may want to contact an attorney for advice. Many criminal defense attorneys offer free initial consultations. If he is responsible for any property damage, he can resolve this with the owner and offer to make payments once they agree on an amount. In the meantime, we recommend that he limit his contact with online strangers: you never know who you’re talking to: that cute teen or young adult you think you’re communicating with may possibly be much older, the opposite sex, and a professional scammer. Good luck.
(This is information only – not legal advice).
Hi me and my friend live in Texas and he is in some deep trouble right now I want to know what the potential consequences are and are there any exceptions to his case. So he posted an ad looking for casual sex online and a minor responded the ad and the ended up sexting through email. They did trade nudes, now the website where the girl responded the ad is 18+ no minors allowed yet she answered his ad. My friend did not know she was a minor since the site is only for adults, her parents ended up finding out about this and they said they would take legal action, but can there be an exception if she claimed she was 18 in the site. She was 16 and he is 24 as soon as he found out she was a minor he deleted everything even the email account he did not distribute or keep anything, so far noting has happened but he is under deep anxiety and depression because he is majoring as a teacher and has kids in his household . He is terrified that his future may shatter because of this minor browsing under the consent she was 18 , naturally his assumption was that she was this is why he sexted. He says he can’t live as a sex offender and his dream is to teach, he never intended to contact a minor, he also wants to have kids of his own, but he does not want to be charged for this mistake, are there any exceptions to this? Or is he done with his life?
Dear Ray: The possible consequences your friend faces depends on the applicable laws in your state as well as the specific facts and circumstances. This would not fall under the sexting law in Texas since your friend is not a minor. Therefore, it is possible that he could face harsh criminal charges and penalties since he’s an adult and she’s a minor. If your friend believes that the police are investigating the matter and that there’s a chance that criminal charges will be filed, we suggest he contact a criminal defense attorney who handles sex offenses. Many attorneys offer a free initial consultation. Good luck to your friend.
(Check our Teen Help Network for more help and resources in your area. This is information only – not legal advice.)
I sent a nude pic of myself to a wrong number.. when I realized it I then sent a text saying wrong person.. I am an adult. Can I get in trouble
Dear Laura: Every state has laws regarding sexting. So, you have to check to see what yours says. If the person at the wrong number was a minor, you may have violated a law, even if you didn’t intend to sext a minor. If you google the name of your state and “sexting laws” you’ll be able to read the statutes that apply to this situation. Good luck.
(This is information only – not legal advice).
I would like to know what if the guy inated the convo and pressured you into sending the nudes cuz im going through this right now and the guy started the convo and threatened me that if I didn’t send them then he was going to hurt me and im scared I don’t want to go to juvie I just want to know since im a victim can I get in trouble
Dear Delaine: If the police investigate and they find out that you were threatened and coerced into sending the pics, you would most likely be considered a victim and therefore, not the one facing charges. This kind of coercion that you experienced has been labelled “sextortion” and there are other cases out there that you can read about. Please talk to an adult you trust about this incident. It may be your parents, a teacher, school counselor or another relative. An adult can make sure your rights are protected here. Good luck and stay safe.
(This is information only – not legal advice.)
Good afternoon Tom,
I’ve got two questions. (California).
1) IF a particular sexting case is being viewed regarding one person under 18 and another over 18 (both under 21 at the moment; and it’s just a 4 year difference), does it mean that the whole sexting history (that has ever taken place with different people) of the accused person is investigated – or just the history between the two persons (one of whom initiated the investigation) involved in this PARTICULAR case only is being viewed?
2) And also, is the age of the accused person considered upon the moment of the activity or in real time, if charges take place?
Thank you
Dear Moon Night: 1) That depends on the specific nature of the investigation, the parties involved, the messages transmitted, the ages of the participants, and most importantly the applicable laws in California. The police have broad authority to conduct thorough investigations, with or without search warrants depending on the circumstances. 2) Usually, the age of the offender or victim is considered when the criminal activity takes place. That is why there are “statutes of limitation” where charges can be filed a year or longer after a crime is committed. If, in this case, formal charges are filed, these are issues the defendant should discuss with his/her lawyer. Good luck.
(This is information only – not legal advice).
I’m 17 and I’m goin to court tomorrow on the tenth for sexting what are the chances of me going to jail
Dear Tomas: Jail time is very unlikely especially if this is your first offense. You may be offered a diversion program and have to complete some community service, pay a fine and attend an educational class. You will find out more when you go to court. Good luck.
(Check our Teen Help Network for more help and resources in your area. This is information only – not legal advice.)
I have a friend who has boyfriend who is an abusive stalker. But she has sent nudes to him and now she wants to break up with him but he’s using the pictures as blackmail…. how do I help her? What should be done….can she go to jail
Dear Mary Elizabeth: If the state where your friend lives has sexting laws, they may apply to her and her boyfriend. It also depends on their ages. She can google the name of the state and “sexting laws” for information. At the very least, she should delete all photos on her end and ask him to do the same. If he refuses and continues to use them against her, she should consider reporting this to the police or going to court with a request for a restraining order against him. Take a look at our Resource Directory for help where she lives:
http://www.askthejudge.info/directory
Good luck.
(This is information only – not legal advice).
I have an ex-boyfriend who asked for nudes. Just by merely asking, could he get in any legal trouble? I said no, thank god; turns out he cheated on me with four other girls.
Dear Ex: We’re not aware of any state with a law prohibiting a request for sex photos. It’s good you didn’t respond since, as you know, once out there, it’s forever. However, if an adult makes such a request of a minor, it could be considered unlawful solicitation under a state’s criminal code.
(This is information only – not legal advice).
I was 25 and she was 13 and she told her therapist about it and basically he just blamed her and told her that she shouldn’t be doing things like that, and pointed out how it could be destructive behavior. I think it’s because it’s something she is completely in control of, it wasn’t taken seriously. & I guess I kind of get it. If she didn’t want to message me, she didn’t have to.
Dear Oipy: Whether she wanted to message you or not, considering her age, you could have committed a crime where you live depending on the sexting laws in your state. However, you may have gotten lucky this time if this incident isn’t reported to the police. Best advice: don’t sext at all since you never know the person you’re communicating with online is an adult or not.
(This is information only – not legal advice).
I am in California, and the girl I was talking to is in Texas. I’m 17 and she is 23, we never sent any pictures. We just texted basically a sex scene between the two of us in detail…it was only once and we’ve stopped talking since. She’s currently going through a divorce…I was wondering if our text would come back to haunt her later? Thanks.
Dear Scared: Considering you only know her online, it’s always possible that the texts will be discovered and that she will face consequences because of them – whether the consequences are tied to her divorce or otherwise. As for possible legal consequences if anyone were to report the texts, you would have to look to the laws in both of your states. Sexting or possession of child pornography charges involve pictures and images, but there may be a state law like CA’s “harmful matter sent with the intent to seduce a minor” law. Keep in mind that someone would need to report these texts to the police and then it would depend on the laws in both states. It’s best to play it safe and not have such communications with people you only know online. Good luck.
(Check our Resource Directory for more help and resources in your area. This is information only – not legal advice.)
Hi Tom. My friend sexted someone out of state from florida and we are in california. This was about 3 years ago, and Im wonder if he has to register as a sex offender if he gets caught. Im really worried about him. Please respond!
Also, Does he have to go to jail or just do community service?
Dear Reader: What could happen to your friend depends on the laws that apply where this happened. If he’s charged and convicted with violating any sexting laws, the penalty will depend on the judge assigned to his case and the prosecutor. Community service is also a possibility.
(This is information only – not legal advice).
Hey,
I am caught in a rough situation. I have been talking to a girl for 8 months now and we met when I was 17 and she was 16. I have come to fall in love with her. She lives in Kansas and I live in Florida. I went out to see her in March and her parents allowed it and was okay with us dating. We have been sexting since I was 17, ( I am now 18). Her dad just recently found a video that I sent to her and he took the phone to the Police. How likely am I to get prosecuted over this? As far as I know the police still have her phone. I don’t know all the details but the police did come to her house,handcuffed her, and took her to the police station last night. She was released with an hour or so. I have heard nothing from the police. How long does it normally take?
Dear Garrett: The police have a liberal time limit when an investigation is underway regarding criminal activity. Usually charges must be filed within a year or longer once the crime has been committed. This is called a “statute of limitations.” Once the time period expires without the filing of formal charges, they can’t be filed. To learn more about sexting in your case, google “Kansas sexting laws” and the same for Florida. Good luck.
(This is information only – not legal advice).
I was talking to a boy online overseas quite a few months ago and we started talking sexually and he started asking for nudes and I got scared. I made the silly mistake to get a nude photo of the Internet and say it was me but he then replied with real photos of himself. I extremely regret it and I’m very worried about the consequences. I deleted the photo and chat straight away and blocked the user. What could I be charged with?
Dear Mel: The potential consequences may depend on the laws in your state as well as the specific facts and circumstances. If you are a minor, you can take a look at the sexting laws in your state (if there is one). It’s good that you deleted the photos and chats and have no contact with him. Unless the boy (or his parents) reports the incident to the police, you will probably hear nothing more about it. It sounds like you have learned from this and just remember that the potential consequences can be quite severe in some cases. Good luck.
(Check our Resource Directory for more help and resources in your area. This is information only – not legal advice.)
I’m here searching for advice because I am incredibly scared for myself now. I live in California and have barely read the sexting laws now, and seeing how I have sexted as a minor over the past year a few times with different people on an online website I am horrified on what could happen to me, I may have sent a total of two or three pictures months ago and now I am scared even though I was almost completely anonymous. All picturess were deleted by myself ages ago, along with the account used. No contact with these people has been made since but I am still worried.
Dear Martin: As you know, once you hit “send” your message or photos are out there in cyberspace forever. There’s no taking it back. So, there’s little more for you to do other than what you’ve done in closing the account and deleting on your end the pictures. Hopefully, none of this will come back to bite you. Take a look at two websites for tips about sexting:
http://www.wiredsafety.org and http://www.cyberbullying.us
Good luck.
(This is information only – not legal advice).
I’m sorry but I seem to disagree with most people on this topic. I am 16 and i don’t think there should be laws put on people that have willingly sent a picture of them nude or semi-nude. People have a complete right to take pictures of them self naked. It’s not like u don’t see your naked body everyday when you get dressed or shower. And the fact that you can get charged for having a picture of yourself naked as child pornograpghy is stupid. People just need to think more before ever sending them out. Some people even take pictures of themselfs to show weight improvement or cause they have been working out and now love there body and they shouldn’t be shamed for that. I know most people that view it as a such an awful and sick thing to do is an adult that has a choice, where as a teen can’t make there own decisions apparently cause the government has to make them for them.. I believe that is messed up.
Thank you for your comments, Katie. In most states, you would not face criminal charges simply for taking and having a picture of yourself. It’s typically the sending or receiving of such pics that results in consequences.
Okay so my friend told me the other day he had to go to court, because his girlfriend sent him nudes. His girlfriend is 12 and he is 14. Would he have to go to court for that?
Dear Kyra: Yes, depending on the sexting laws in your state, he may need to go to court and face consequences for sexting with his girlfriend. You can check out this site for the sexting laws in your state. Good luck to your friend.
(Check our Resource Directory for more help and resources in your area. This is information only – not legal advice.)
So I’m 24 this girl posted in an 18 plus chat room kik me 2 girls wanting to chat with guy she said call me so … and we will do poses for u I sent her pic now all the sudden she a cop and girls are 15 even though they 22 in chat room now considering they falsified there age to get into chat room can they or cop come after me
Dear Josh: Ultimately, it’s going to depend on the laws in your state. Keep in mind that it’s always risky to sext with a complete stranger. The laws concerning possession of child pornography and exploitation of a minor are very harsh and should be taken seriously. For more info about the laws in your state, you could try Googling the name of your state and “child pornography and exploitation laws”. Good luck.
(Check our Resource Directory for more help and resources in your area. This is information only – not legal advice.)
If one is caught sexting say 7 different teens over a week or two, would it be treated as seven counts/charges or could they be considered as one act? Does the number of counts usually affect the penalties imposed? Thanks for your advice.
Dear Peter: What you describe constitutes seven different acts against seven victims and may result in seven individual charges. If the recipient of the sext messages was the same person, they could be consolidated and treated as one criminal act. That’s a decision made by the prosecutor. However, when seven persons are involved, these would be handled individually. Good luck.
(This is information only – not legal advice).
This happened to me a year ago the pictures are still out there is it to late to say anything.
Dear Sam: We’re not sure what you’re asking, Sam. Do you mean too late to report this to the authorities? If the photo has been out there for a year, it can’t be retrieved or deleted. If they have been used against you by way of stalking or intimidation, yes, you can report it and it may be investigated. You could also seek a restraining order from a court to stop the person using the photos. If you’re a minor, we suggest talking with your parents, as awkward as that may be, so they can take measures to protect you. Good luck.
(This is information only – not legal advice.
How does it work when the nationalities differ – one person texts in one country and another receives it in another country? Whose law takes precedence? Is it the country of the receiver or sender? Is the sender extradited or would they face charges at home? Seems very complex!
Dear Alice: The laws of both countries come into play. For example, if one person is sending and receiving pictures in the U.S., then the laws of that person’s state will apply to the person who lives there. As for the person in the other country, he/she will be under the laws of his/her country. As for extradition, you would have to look to the federal laws and policies concerning the offense (typically it’s only an issue for very serious offenses).
(Check our Resource Directory for more help and resources in your area. This is information only – not legal advice.)
A friend over 18 recently confessed to sexting/exchanging nude pics over several weeks to random strangers, many of them probably teens. He was horrified when I told him it was illegal and carried severe punishments. He immediately deleted his contacts, photos and his account. While nothing can erase the pics/messages sent forever, is this something he could be held accountable for in the long term? i.e is there a time limit (from posting the pics I guess) for when he could be charged if someone reported him? Or could he be charged many years later? What advice can I give him?
Dear Luke: Tell him to think twice before doing this again and shutting down his accounts was a good idea. Every state has laws about sexting. He can google the name of his state and “sexting laws” for information that may apply to him. The photos are out there forever, but hopefully they won’t come back to bite him in the future.
(This is information only – not legal advice).
Ok so i have a friend who goes on a site and shes 20 and she was talking to some guy who tells her hes 17 going on 18 next week..anyways they both were sexting and after that he told her he just turned 17 and then she got mad and he kept trying to talk to her but she didnt want to and then he told her if she didnt send pics hes gonna black mail and get her in trouble
Dear Crystal: Some states have laws regarding sexting and the consequences especially if one of the persons is a minor. If you google the name of the state where this happened and “sexting laws,” you’ll be able to learn more about the possible outcome if this comes to the attention of law enforcement. As far as “black mail” by this minor, your friend can discuss this with a lawyer to see where she stands or consider obtaining a restraining order from a court against this person. The fact that she has stopped communicating with him is good. She should also keep all further emails from him in the event he continues to harass, intimidate or threaten her. Good luck.
(This is information only – not legal advice).
When I was 13 I sent some nudes to my boyfriend. We broke up later that year. I wasn’t aware of this law till I was 14. I am 16 and he threatening to use those pictures against me from 3 years ago.. Is there anything I can do?
Dear Diana: Discuss this with your parents who can take action in protecting you from further exposure. They can contact the boy and his parents and the police if necessary. They may also want to consider asking a court for a restraining order against the boy. That would keep him from sharing the photos with anyone or on any social media site. Good luck.
(This is information only – not legal advice).
Okay, so that he lives in Europe won’t change it at all? Also, she or her parents wrote that they were gonna contact the police.
Thank you for you help!
Dear Carl: Basically, you have to look at the laws of both places – her state and his country. Because she and her parents are the ones contacting the police, you have to look at her state’s laws concerning online communication with minors, etc. If there is a law that applies to their situation, the fact that he is overseas does not mean that the law doesn’t apply to him.
(Check our Resource Directory for more help and resources in your area. This is information only – not legal advice.)
My friend met this girl on an app called omegle. They started to chat, and then satrted to talk on kik. My friends asked questions like, how many she has had sex with. No pictures were sent or asked for. The problem is that, he’s over 18 and she’s not. She told him that she was 15, and he’s 19. The girl lives somewhere in The Us, and my friend lives in Europe. Can this be a problem if she or her parents contacts the police? I mean, no photos has been sent.
Dear Carl: It depends on the laws of her state. In most states, charges for sexting and other related offenses involve exchanging pictures. However, there could be an offense that’s relevant here like “harmful matter sent with the intent to seduce a minor.” Again, he’ll have to look to the laws in her state. It’s good that no photos have been exchanged, but your friend may want to play it safe and not have sexual conversations with this girl. Good luck to him.
(Check our Resource Directory for more help and resources in your area. This is information only – not legal advice.)
I did something really stupid, I sent a guy online nude pics of me and then when I wanted to stop because I wasnt comfortable with more he started threatening to post the pics if I didnt send more. He kept doing this, then at some point said he deleted him and he can send proof if I want. I said please send proof then he said “but were not done with our deal yet”. then i ignored him and later he said that he deleted them already and he just wants this to be over “sorry I didnt mean to hurt you”. Im scared because I dont know if he’s telling the truth :/ he knows he’d get in trouble especially since I’m 17, but he told me if I report it I go to jail too. The personal info he knows is my first and last name and my phone number (we were on whatsapp)
Dear Allie: Please talk this over with an adult you trust like your parents, a teacher, school counselor or another relative. Since you are a minor, and especially if he is an adult, it’s extremely unlikely that you would face any jail time for this. Click here to find the specific law in your state concerning sexting. We have written about “sextortion” before where people use pictures to blackmail the person into sending more pictures or other acts. Again, you need to tell an adult you trust and consider reporting him to the police. Good luck.
(Check our Resource Directory for more help and resources in your area. This is information only – not legal advice.)
Im currently married and will be fileing for divorce and when its finalized i wanted to find someone well i went on a dating website and talk to a guy and we sent ummm pictures how do i go about him deleting them permanently ???? and can someone do a full background check on me?
Dear Chantel: AsktheJudge.info is an educational site for and about teens and the law. Unfortunately, there really is no such thing as deleting “permanently” since even deleted pictures can be found with certain technologies. You can try to remain calm and civil and respectfully request that he delete the photos. However, if you provided them to him with consent and were not blackmailed, threatened, etc., then there’s most likely no way to force him to delete the pics. At the same time, it’s unlikely that they would be discovered during a background check since those are usually conducted to reveal a person’s criminal record and not photos of the person online. Also, he would have to post them online and make them public in order for them to be found by anyone. Good luck. (Check our Resource Directory for more help and resources in your area. This is information only – not legal advice.)
Today, I received a sext from a partner (We’re both aged 16) on my cell phone on an app called Kik. I’m regretting receiving it and I’m more than willing to have a talk with her on why we shouldn’t have done this and why we shouldn’t do it again and deleting the photo on both ends. Can I still face legal trouble if I do so?
Dear Ron: Some states have sexting laws that apply to minors (under 18). Your plan to delete what you received and talk to the girl about doing the same is good. As long as you don’t send it out to others or use it against her in any way, you should be clear from any criminal liability. To find out more about sexting where you live, Google the name of your state and “sexting laws.” Good luck.
(This is information only – not legal advice).
Let’s say somebody is living in the US and they are using skype with somebody from a different country. they are nude, and are both minors, but no pictures are taken, just video. does this count as sexting and could you get caught for this?
Ps. i have not done this just wondering..
Dear K: It is possible that you could get into trouble for what you describe. Many states have sexting laws and it would depend on how the law reads and what it covers. Google the name of your state and “sexting laws” for information on this. It’s best not to engage in this behavior whether it’s against the law or not since it can backfire on you in the future in unexpected ways including employment, military service and educational pursuits. Good luck.
(This is information only – not legal advice).
If you send a picture of your butt as a joke to someone is that illegal
Dear Jb: You have to look to the specific sexting laws in your state. It could be a crime depending on the circumstances including ages of the people involved. Google the name of your state and “sexting laws” for information.
(This is information only – not legal advice).
I have a friend that was having a online relationship with a guy on FB who said he was 38yrs old. She sent pics & vids of herself to him through email & FB. They never met each other or even talked on the phone. But when she tried to break off the online relationship he sent her a letter apologizing for lying to her the whole time and that he was actually a 15yr old kid. Now he is harassing her & her family. Threatening to send them to porn websites and blackmailing people. Can she get in trouble if she never knew his age and has all FB conversations of him lying to her? She lives in NJ
Dear Dee: You didn’t mention your friend’s age or if she is a minor. If she’s under 18, you would want to look to any sexting laws in your state. Check out this chart for more info about each state’s sexting law. Not all states have a specific sexting law, but criminal charges are usually a possibility through another law. If she is an adult, then she could be facing more serious consequences especially since he is a minor (if in fact, he is a minor). However, the most important thing here is that she is being blackmailed or what you may consider to be the victim of “sextortion.” Again, if she’s a minor, she really needs to talk to an adult she trusts about what is happening whether it’s her parents, a school counselor, teacher or friend’s parents. The police would be much more interested in going after the person blackmailing and threatening to spread the images and videos online. Good luck to your friend.
(Check our Resource Directory for more help and resources in your area. This is information only – not legal advice.)
Hey I’m an 18 year old boy in Florida who has started to use some social network such as vine, snap chat and kik, 2 months ago. Ive seen lots of minors showing off their sexuality and nudes, commented and revined thieir posts, even skyped with some of them, but not showed my face, I’m kind of scared with all of this, I will never do anything referred to a mainor, could I get into truble because of this. Thanks very much
Dear Simpsoms: Ultimately, it would depend on the laws of the states involved – your state and the minor’s state. However, since possession of a nude photo of a minor is unlawful in most states, you could hear from the police at some point if they decide to investigate this. If you are contacted about these photos, we suggest you contact a criminal defense lawyer in your area for advice. Good luck and think before doing anymore sexting – to adults or kids. Also, here is a chart concerning the sexting laws in each state.
(This is information only – not legal advice).
Thank you. I believe that this happened the beginning of December and nothing has been sent between the two individuals since then. The 18 year old has deleted all photos including the ones he sent, he only had the picture of the 17 year old for one day when he tried keeping it as evidence just in case. He told me he was not informed that sexting between an 18 and 17 year old was illegal since he figured it was such a close age range but then looked up the laws and saw it was illegal so deleted everything. Since this happened almost 3 months ago is there any way to tell if its more likely nothing is going to happen? This apparently happened over the app Kik.
Also, is there any way a 19 year old citizen could fight the law (possibly by writing a letter or a research report) and change the sexting penalty for minors to be only community service or counseling rather than sex offender registry or jail time? Because I have been researching this and it is sickening to me how prosecutors are completely willing to heavily prosecute 13, 14, 15 year old teens and ruin their lives and reputations.
Dear T: The more time that passes, the lesser the chance that formal charges will be filed. But you never know since most crimes carry what’s called a “statute of limitations.” That means the police and prosecutor have a specific period of time to file charges. It could be a year or more. Murder, for example, has no time limit. Charges can be filed 20, 30 years after the incident. The same with treason.
The best way to bring about change is to campaign for it. Contact local legislators or other polticians who can bring about a policy or statutory change in the law. Good luck.
(This is information only – not legal advice).
Say an 18 year old in California sent 3 nude photos to a 17 year old in Tennessee who sent one nude photo back and this all happened on one day. The 18 year old saves the photo of the 17 year old for evidence purposes but realizes it is a crime to possess it. Neither of them have sexted each other at all or since that one day it happened. The 18 year old has deleted every ounce of the photo off of his phone and even apologized to the 17 year old for sending the photos as it was disrespectful and was wrong. If he were to be prosecuted, is it likely he would not get a serious sentence since he deleted everything, never once sexted the girl again and (i dont even know if this matters) but apologized and acknowleged his wrongdoing and acknowledged that he learned from the incident.
Dear T: You’ll have to look at the sexting laws of both states (if one exists) to see if any laws have been broken. Deleting such photos is a good idea and it can’t hurt to apologize, although it could be considered an admission if this went to court. It’s equally wise to resist showing the photo to others or sending it on since there’s no limit to its dissemination. Take a look at http://www.cyberbullying.us for the laws in each state. Good luck.
(This is information only – not legal advice).
Can you still be convicted of sending harmful or lewd material to a minor if the picture you sent was of JUST a private part? No stimulation or anything just a plain picture of one’s genitals. Thank you.
Dear T: Yes, any nude photo sent to a minor most likely can result in criminal charges. It’s possible that even a semi-nude photo can result in charges depending on the state’s laws.
(This is information only – not legal advice.)
Now how does this have effects internationally? Say someone in america age 18 trades pictures with a girl in a european country such as denmark after meeting online where they are legal at 16 and their current age is 17. the state law of the american has age of consent laws that give small wiggle room in a relationship of 16-17 y/o with the adult party age cap being 20-21 (in reference to the younger party). would possessing that photo still be possession of pornography of a minor or would the laws of the other country saying they are a legal adult counter it?
Dear D: You have to look to the laws of the country you’re in, so if possessing a photo of an underage girl violates state and/or federal law here in the U.S., the person could face criminal charges regardless of the laws of the sender’s country. Thanks for asking.
(This is information only – not legal advice.)
If you were to recieve child pornography and it was only one picture but you saved the photo but then deleted the photo the next day, can you still use the defense that you took necessary steps to destroy the photo?
Dear S: You would have to look to the laws of your state, but as long as you got rid of the photo and/or reported it to the authorities, you may have a decent defense. If you have further concerns about a specific situation, you may want to consider consulting with a local criminal defense attorney. Many attorneys offer a free initial consultation. Good luck.
(This is information only – not legal advice.)
I was sexting a stranger online who was thought or posed to live far from me. I was wrong , it was in fact someone at my job! now at work (work in a restaurant ) I’m being treated poorly to say the least . My manager had even been shown them on one of the cooks phone – just about everyone has now seen graphic photos of me now – the men are licking their lips and looking at me differently/intentionally allowing me to see them look me up and down in a very sexual manner. I am sick and disgusted about it. This doesn’t include the day before a guy at work that I’d turned down began to verbally spread personal embellished things about me/damaging to who I am. Is this slander in a sense along with sexual harassment in the work place ? – intentional form of communication – harming reputation – decreasing respect and regard and confidence – induces disparaging hostile opinions against a person. My managers give me the smallest section of tables now- team work when helping one another no longer includes me- I’m being spoken to even by the manager with disrespect as if I’m a bother. Being taking advantage of by having to do more side work than other servers c try have the power to demand what I complete before leaving. I’m desperate for help, please I’m feeling very broken and emotionally pained.
Dear Pamela: We’re sorry to hear about this situation you find yourself in. You are now well aware of the danger in sexting anyone. But that doesn’t help, does it?
You didn’t mention your age, but if you’re a teenager and living at home, talk with your parents as awkward as that may be. They will do what they can to protect you and can also talk with the police to see if any laws in your state have been or are being broken. You can also contact a local lawyer for advice. You may not have any options but it’s worth exploring. Some lawyers offer free consultations so ask about this if you call one.
Whatever you do, Pamela, don’t keep this to yourself. Confide in someone you trust for support and guidance. Many young people find themselves in this situation and it’s not the end of the world. It will pass even if it means you quit your job and find another. Good luck.
(This is information only – not legal advice).
I am 17, and turning 18 in about a month. My boyfriend just turned 21, and we have been dating for quite some time now. I’ve sexted and sent him nude pictures, and he has done the same. My mom found out, and is saving the pictures as leverage to ensure that I won’t get back with him (she’s threatening to turn them into the police as kiddy porn is I ever seen him again). My question is after I turn 18, can she still turn in the pictures and get us into legal trouble? I live in PA, and I’m very scared and upset ):
Dear SF: Pennsylvania does have a sexting law. Look here for information about it. Once you’re an adult, it’s unlikely you’d be in trouble for sexting incidents done while a minor. The intent of the law is to prevent kids from being victimized by adults in particular through this behavior. Good luck.
(This is information only – not legal advice).
I’m trying to do a report on the wrong nature of prosecuting kids for sexting and I wanted to add a section involving entrapment. Can a cop entrap someone on the basis of sexting when they have no reason to believe that that person has ever committed a crime such as that? I.E. A cop finds a random number and influences the person to send nude pics to them when that person has never done such a thing before?
Dear Kelly: Good question. If a police officer were to do such a thing, then the defense of entrapment may be used by the person and may be successful in court. If the person can prove that they were persuaded to commit a crime that they normally would not commit, they may have a good defense. Check out this FindLaw article for more information “What is entrapment?”.
(This is information only – not legal advice.)
Awesome thanks so much for your help. And I found out she was in Texas not Tennessee so I’ll look for the laws. Thank you.
You’re welcome. -ATJ.info
What is the difference if someone sends a sext to someone out of state rather than in state?
You have to look to the specific laws in each state to see if a crime has been committed.
I believe she was from Tennessee but I’m not sure, I’m asking this for a friend of mine’s son. They didn’t know each other at all, the girl just kik’d him 6 days ago and they talked normally and then at the end of the day was when the pictures were exchanged and after that they have not conversed or talked at all and my friend’s son has deleted the whole conversation and even the kik application.
Thank you very much. Just one more question, was there any crime for the 17 year old if she sent the picture?
You’re welcome. Ultimately, it depends on the laws in California. Since CA doesn’t appear to have a sexting law, then you would have to look at other laws in the state to see if her sending the pic could have violated another law.
(This is information only – not legal advice.)
If the 18 year old only did this once and never contacted the girl ever again what would be the benefits of doing this? keeping in mind that the 17y/o was asking for him to send a pic and she sent one first.
Dear Craig: Since the 18-year-old is dealing with a minor, then deleting the photo, not forwarding or sharing it with anyone and not sending any more pics of himself would reduce any potential consequences if the police were to be notified. Forwarding and sharing such images could make matters and the potential consequences much worse. Keep in mind that if no one is making a complaint to the police, then it’s not as likely than any investigation by the police would be made.
(This is information only – not legal advice.)
In California, if a 17 year old girl sends a nude pic to an 18 year old guy and he sends one back to her, because of such a close age difference, can they get in trouble?
Dear Craig: According to this recent chart on the sexting laws throughout the U.S., California does not have a law specific to sexting. This means that it may be possible for the 18-year-old to be facing felony possession of child pornography charges if someone reported it to the police. Until both parties are 18, it would be best to refrain from sexting one another. Thanks for asking.
(This is information only – not legal advice.)
I have a friend both over 18 they broke up and my friend sent me pics of her can he get into trouble?
Dear Rick: Great question. Since they are both over 18, forwarding the pictures, even without her consent, may not be illegal. Ultimately, it depends on the laws in your state as there could be an electronic harassment offense or possibly another offense that could be committed depending on the specific facts as well as the laws in your state. Any sexting laws would most likely not apply since they are both adults. Either way, you may want to tell your friend to keep those pictures for himself or just delete them altogether as he doesn’t want to risk facing any criminal liability or revenge on his ex’s part. Thanks for asking.
(This is information only – not legal advice.)
if two minors (under 18) send racy text messages NO pictures at all to each other on facebook can the law accused them of a crime if they never had physical contact with the person cause they live in different states?
Dear Greg: States have their own laws regarding the use of digital devices. You have to look to each state’s laws to see if the behavior you describe violates any criminal laws. We suggest that you google the name of the state and “sexting laws” for information. Some states prohibit sexual content by any means of communication that involves minors.
(This is information only – not legal advice).
What me and a girl who love each other but she is 16 and i am 18 are sexting and her mother is threating to press charges on me if i try to contact her?
Dear Brett: Because of your ages and the fact that she is a minor (under age 18), the police may file charges against you for sexting depending on the laws in your state and the exact facts of the incident. It would be best to stop the sexting and listen to her mother who has legal authority over her daughter. Good luck.
(This is information only – not legal advice).
but shouldn’t a law be a law? if having or producing child porn is against the law, it should be against the law for everyone.it shouldn’t be legal for a minor to view child porn or to create it. or to distribute it.the means used, a phone or a computer or a separate video camera, and the age of the person producing and distributing and receiving, should not make a difference really should it? also, what is the definition of child porn?I had read that pictures of underage people was not against the law unless it was sexual. I was at the record store a few years ago, and they saw a CD with artwork that was a picture of 5 naked children standing outside with their family.
Thanks for your thoughts on this, Devlin. You have to look to the specific laws where you live to see what’s permitted and what’s illegal. Obviously, it’s an ongoing debate and laws vary.
Thanks. Well it’s not pornographic because she has clothess on, but I guess requesting a photo in itself was soliciting a minor for sexual conduct? I don’t think her having sexual photos of her on her phone is evidence, if her messages have been deleted. But even if it’s all deleted, they could go to the phone carrier where they still exist couldnt they? But they wouldn’t do that right? Idk this whole thing seems stupid. He doesn’t plan on meeting with her. He denied her apparently. And she’s a teenager with sexual desires. It seems messed up but really it seems like a natural trade off. Girls are becoming sexual at that age and are ready to reproduce. I see where he’s coming from I guess. Laws are weird. Also, on the other hand, why are they working on reducing the sexting punishement for child pornography? Why should a 15 year old having a nude photo of his classmate be a lesser punishment than a 15 year old having a nude photo of a girl in another state taken with an actual camera? Isn’t the crime the same either way? But at the same time, it’s just a photo that a horny person took to share with another person. But isnt that what child porn is? What’s the difference? See what I mean? You could argue that no one put them up to it, well okay does that mean a 15 year old could make their own porn site? Well I guess one could. Ugh Idk. It seemslike in this society the difference between teen and adult is getting smaller. They’re all into the same things. And girls start watching porn in elementary school now and it changes our society. Look at music videos and tumblr now. Something needs to change. Why does no one care? Twisted perversion seems to be becoming the norm.
Dear Devlin: Ultimately, when an adult (18 or older) is sexting with a minor or engaging in any kind of possible sexual behavior via phone, Internet, etc., the consequences could be very serious for the adult. The reason so many states have passed sexting laws to reduce the consequences for minors sexting one another is because the child porn laws were designed to protect minors and not to prosecute them. These laws have been used to prosecute a few teens in states that do not or did not have sexting laws, but the penalties are very harsh such as having to register as a sex offender for many years. Thanks for writing and for your comments.
(This is information only – not legal advice.)
So I was friends with a 16 yr old through a family that my family knows. It ended up the 16 yr old came out and said she liked me more than friends and more than a crush. It turned into long term talk about our future and then sexting. Her dad ended up finding out and said he turned in our thousands of texts and pictures to his lawyer, and said to discontinue contact or he would move forward with charges…he also said he didn’t want to ruin my future, but if we had contact again he would have his attorney move forward with charges. My question is this: if I respect his wishes, can he still charge me when she turns 18 with the charges and things that happened now? If I wait till she’s 18, to start talking to her again? Thanks for your advice
Dear Seth: Whether or not charges could be brought against you in a couple years or so would depend on your state’s laws and the statute of limitations. You didn’t mention whether you’re a minor, but you could be facing sexting charges or even some type of possession of child pornography charges depending on the specific circumstances. It would be best to refrain from texting so you don’t risk any criminal charges. However, it would be up to the police and the prosecutor’s office to go through any potential evidence and decide if charges should be filed. If you want to continue dating once she turns 18, perhaps you could try speaking with her father at that time as he may no longer be so upset about everything. Otherwise, you may want to look up your state’s statute of limitations for sexting and other related charges. Good luck.
(This is information only – not legal advice.)
Hey, my facebook friend from Oklahoma who I have become close friends with was telling me and showing me these texts between him and this girl and saying he is going to jail and freaking out so I got curious. He is 26and this girl from a different state is 13 or something. They talk about dirty graphic fantasies to each other but he says they aren’t threatening and that they have a close relationship now but only talk via texting. Apparently he says no nude pictures have been exchanged but he has asked for a pic of her in short shorts hiked up her butt. He showed me and the pic isn’tnude but you can see the bottom of her butt cheeks. But whos to say you wouldn’t just be able to see her in public like that? I told him not to worry. He says she has mood swings and she said she resents him for “making”her do it. So he said okay if iit’s bugging you, we can just be friends. But she said no she is going to tell her counselor probably, even though she “loves” him. He is freaking out but I told him there’s no worry. Am I right? What would happen to him? If that’s child porn, then wouldn’t she get in trouble for distributing child porn? It’s not nude at all.. Oh also he says he sent her a pic of his bo#$! in boxers…non nude. He is freaking out. So. What should I tell him? I think he is over reacting but that he should stop talking to her. They say they’re in love but I think that’s #$&*. He’s a honest good guy…hence telling me and showing me the pic. I’m 19 btw. He said he will stop texting sexually if he has to but he would want to stay her friend. What if he deletes it all from his phone? I think I did. I need to know. He has been there for me for so much Crap I really want to help him.
Dear Devlin: Your friend is right to be concerned about this. Ultimately, it’s going to depend on the laws in both their states. Sexting laws and possession of child pornography laws usually are directed at photographs, but they may include any sexually explicit material, which could include texts, etc. There are other laws that may apply such as soliciting a minor for sexual conduct, etc. Deleting any photos and texts is probably a good idea, but as you’re most likely aware, they cannot be forever erased especially considering the 13-year-old has them as well. Your friend should end any relationship he has with this girl even if it’s just texting. He could consider consulting with a criminal attorney in his area for further information and advice.
(This is information only – not legal advice.)
If your on a dating site and your talking to someone and it saids they are 18 and you repeately ask how old they are and they say 18. So you exchange some pics to find out they are underage what do you do?
Dear Mark: We suggest you delete any pictures you received and the ones you sent while you’re at it. Other than that, there’s little you can do. Once it’s out there, you can’t really take it back especially if someone has already sent it on or saved it to a file, etc. Good luck.
(This is information only – not legal advice).
If a minor and someone over 18, send pictures willingly to eachother, can that get them in trouble? Also what if the overage person would turn the minor in. They both sent them willingly so what would happen with that?
Dear Billy: Yes, there could be consequences for sending pictures to each other, even though both parties fully consented, because one of the parties is a minor. First, you could Google your state’s name and “sexting law” to find out if there is a specific sexting law in your state. Under some states’ laws, an adult who sexts a minor could face misdemeanor or felony charges depending on the specific facts and the person’s criminal history. Because the consequences can be more severe for the adult, even if he/she is only a year or so older, it’s best to play it safe and not sext until you’re both adults and even then it can be very risky. Good luck.
(This is information only – not legal advice.)
I delight in, result in I found just what I was having a look for. You’ve ended my 4 day long hunt! God Bless you man. Have a great day. Bye
You’re welcome. Thanks for writing us.
Thanks for your answer. I was wondering if my recent post (the most recent answered question on this page) could be removed if that’s not too much to ask, I didn’t know my name would come up and I didn’t know how to message you privately. It would be greatly appreciated.
Yes, we’ll remove it. Thanks for writing us. -Judge Tom.
Im really scared and i regret what i did. i was just trying to blow off some steam so i found a number off tumblr the user name was 1992 so obviusly i thought they were over 18. i texted the the numbe and asked for a picture (wasnt thinking) and i turned out to be a 13 year old girl who said she would tell her dad who is a shariff. im shaking so bad i said sorry and everything andade sure id never do it again. its been about a day and i havnt gotten any call. hopefully she was just trying to scare me which worked because i def learned my lesson. any pointers? i sent no photo but i asked for one through text then after finding outher true age i said it wasnt intended for her. so basically someone plosted a random girls number to set anyone up that tried callig or texting it. i live in california btw please give me some advice im still nervous n terrified .
Dear Nial: We’re certainly glad to hear you learned your lesson from this experience as you never know who might be on the receiving end of a text message, etc. when you get the information off the Internet and you don’t know the person on any type of personal level. The girl could easily be threatening to tell her dad. In fact, she may be an adult and just saying that she’s a minor to scare you. The point is that you just don’t know who you are dealing with, so you may need to wait it out a little longer to feel more relaxed about not hearing from the police. You could try consulting with a criminal defense attorney in your area who handles sex offenses. A local attorney might be able to mitigate any consequences if the police were notified. Also, an attorney would be able to advise how to properly report any information to the police if the girl is the victim of identity theft. Good luck.
(This is information only – not legal advice.)
I sexted my boyfriend (now ex-boyfriend) 8 months ago. It was only naughty text messages (No pictures). We had 1 year and 5 months so i thought we could take that step. We sexted about 4 times but now that we broke up i feel so worried and regret sexting. Im 16 turning to 17 and he is 18. We havent talked since we broke up and its been 6 months since we havent talked. I havent been threatened or anything by him but im just worried because i dont trust him. I shouldn’t have in the first place. Im worried he still has the messages. Can i get in trouble or can he get in trouble if they were only messages but pictures were never involved in this.
Dear Anon: If your state has a sexting law you have to see what it says. Usually it covers text plus photos that, once out there, are difficult if not impossible to remove. Google the name of your state and “sexting law” for details. You can ask him to delete the messages or just let it go in hopes that he won’t use them for his own purposes. That’s one of the problems with sexting – many current boy-and-girlfriends become ex’s. Good luck.
(This is information only – not legal advice).
I was just wondering. my girlfriends friend has been sexting this guy she just met and my girlfriends friend is worried that she will get into trouble for sexting. can she get into trouble if they both agreed to sext and send nude pictures to each other? they are over the age of 18. I say no because they both have agreed to it so I’m just looking for the correct response. thank you
Dear Don: You would have to check the sexting laws in the state where these two people live. Most likely, if they’re both over 18 and consent to the exchange of photos, no law has been broken. However, if one is tricked into the picture exchange or threatened or blackmailed into this, that’s a different story. Law enforcement takes a close look at reports of criminal activity if it appears there’s more than just a case of high-tech flirting.
(This is information only – not legal advice).
Can a 19 yr old get introuble for just talking sexually to a 16 yr old in South Dakota where the age of consent is 16.
Dear Worried: Just talking about sex or talking in a sexual manner isn’t illegal. It’s when talk is followed by action that can get you into trouble. However, if you’ve been told by someone’s parents to stay away from him or her or a court has issued a restraining order against you and you violate it, that can lead to criminal action and possible penalties. Good luck.
(This is information only – not legal advice).
hi judge Tom. I was texting my friend and at the time, didn’t know it was her so I said to prove it. she sent a mirror picture of her she had clothes on but you could sort of see the top of chest a tiny bit. im not sure what it is considered. we are under 18. please help.
Dear Tim: Since you’re concerned about this photo, you may have good reason since “sexting” has become an issue with law enforcement across the country. You can delete it and tell your friend that you did so she doesn’t send similar ones. Whatever you do, don’t send it on or share it with your friends. That can lead to problems now or later on. Good luck.
(This is information only – not legal advice).
So I’m 22 and I was using kik to find random people to sexy with. I sent a pic of me in my underwear I someone I didn’t know. She Sao he called the cops and is soon me for sexting. I told her I meant no harm and she Sao she already called the cops. I don’t know what to do, I didn’t mean anything by it, and I don’t really think she called the cops but is there legal trouble for me? I live in california
Dear Jeff: The possible legal consequences depend on the laws in your state as well as all of specific circumstances. You could be facing some sort of cyber harassment or online stalking charge. If the person you sent the sexts to is a minor, there could be additional sexual misconduct type charges. Like you said, she could be trying to scare you and you may hear nothing more. But we seriously hope you learned from this – sexting with even a willing partner these days is incredibly risky as the “Internet never forgets”, but if you’re sending sexts to random recipients, you could find yourself facing multiple consequences. Please help us help more teens by voting for AsktheJudge to win a FedEx small business grant!
(This is information only – not legal advice)
So this girl that I really don’t like ended up sending pictures to some stranger, who posted them online. I recieved these pictures also via text and warned her about them. We got into a conflict and now she is accusing me of being the person she sent them to and threatening me with fraud and child pornography charges. I did forward them to a couple people as revenge. We are both 17. What can/will happen to me? Also, will she get in trouble for sending them in the first place?
-Teens in California
Dear Anon: Sexting in some states is against the law and you could be prosecuted. Google the name of your state and “sexting laws” for definitions that apply to you. We suggest you don’t send these photos on any further.
(This is information only – not legal advice).
This is horrible. Listen to me- DONT EVER SEXT. i learned that the hard way. I came across this while doing research for a 1000 word essay my probation officer assigned me. For sexting. I was lucky enough my boyfriends parents didnt charge me. But it’s horrible because now i have community service and i lost my boyfriend. We were forced to break up after this whole thing. I can tell you right now that its a mistake you never EVER want to make. I’m dealing with the consiquences right now and theyre not pretty.
And in addition to my earlier comment, i’d like to say to all of the people who have sexted and are going through bullying- stay strong. i know it’s hard. I’m just lucky my bf loves me enough to not do anything. Sexting can really mess up your life and i dont want that to ever happen to anyone, but unfortunately it does. it’s smart people making stupid desicions and i want to tell you to hang in there. It’ll get easier. Sometimes you just need to stand up for yourself even if things are bad. Okay, well thank you for reading. hope things get better. Lots of love from me. -Haley
Dear Haley: Thank you for your comments. Your thoughts based on your experience with sexting should help open the eyes of others considering doing the same thing. All the best. -ATJ.info
(This is information only – not legal advice).
i sexted my bf when i was a minor. he said he deleted them but im not sure if he did. i turn 18 in a few weeks. could i still get in trouble for some stupid thing i did a few years ago? i mean it hasnt gotten out yet and i dont want it to get out now. plz help i ahve no idea what to do. i live in california
Dear Melissa: First, you have to look to whether or not your state has a sexting law. According to the National Conference of State Legislatures website, California does not have a sexting law other than a bill to reduce sexting occurrences at school and directed at students. Sexting laws usually make the act a misdemeanor and diversion programs are options to resolve the case allowing the minor to avoid a criminal record. All states have what’s called a “statute of limitations” on filing charges against a person meaning that there is a 1 year (or more) time limit to file misdemeanor charges against a person. Therefore, it’s extremely unlikely that you will face any criminal consequences for the sexting that occurred years ago. We hope you learned from this though that once you put something out there is cyberface, you can never take it back. Good luck.
(This is information only – not legal advice.)
Hi I have a similar question but we are both over 18, okay if I send an email to my ex-girlfriend about our recent break up and I’m expressing my feelings and I add tracking to see if she opened and read the email but I noticed the tracking ended up somewhere far from where she lives, my question is if I sent it to her email can she forward it to someone else without my permission because that was private and a personal email is that legal?
Thank you
Dear Brandon: Since you’re both adults, there most likely are no laws preventing her from forwarding an email from you. Sexting laws that criminalize such forwards would apply to her only if she was still a minor (under 18) or if she forwarded a sext message to another minor. But if your email did not include any type of sexting or sexual content and she chose to share it with a friend or relative, it’s unlikely that there are any laws preventing her from doing so. Good luck.
(This is information only – not legal advice.)
Hi I am having problems with my daughters ex boyfriend. My daughter is 17 will be 18 on May 8, 2012. now her boyfriend is 18. my daughter broke up with him and he is saying that he will post pics of her that he took. I asked my daughter what kind of pics they were and she said he took the pics when she was changing in the fitting room. what can i do to make this stop? is that a crime will he be punished for it? Please help me because I feel really bad for my daughter she is scheduled to see a psychiatrist because this is affecting her so much and this is her first boyfriend. We live in California. please help me
Dear Rochele: There are several things you can do. If you know the boy’s parents, contact them to discuss this. You can also notify the police since, depending on the circumstances and the nature of the photos, it may constitute a crime especially now while she is still a minor. If all else fails, you could consider getting a restraining order from a court ordering him not to invade her privacy by posting the photos. Let us know what happens here – your experience would be useful to our readers to prevent others from experiencing what you’re going through. Good luck.
(This is information only – not legal advice).
I have a friend and about 4 years ago he and his girlfriend sent some pics… can he still get in trouble… they deleted the pics
Dear Chris: They may have deleted the photos but that doesn’t mean they’re gone for good. Once something is posted online, it’s in cyberspace forever. You have no control over where it goes, to how many people or separate files, etc. So, it depends on the laws in your state whether they can get into trouble or not. If your state has a sexting law, take a look at it and see what it covers. Google the name of your state and “sexting laws” for information. Good luck and remember to think long & hard before posting any photos you wouldn’t show your mother or grandmother. Take a look at this story on AsktheJudge.info for an example of photos that surfaced years after they were posted:
http://www.askthejudge.info/sexting-photos-surface-five-years-later/8415/
(This is information only – not legal advice).
i sent some pics to my bf.. but were not together anymore. he says htat he deleted them. but im not very sure. i dont know what to do. plz help
Dear Melissa: We’re sorry to hear you’re in this position. All you can do is accept his word that he deleted them and hope for the best. If you’re a minor, you could ask your parents to contact him and his parents to be sure that they’re gone. If he uses them in some way against you, you can report it to the police since it may constitute a crime. Think twice before doing this again – once out there, you basically have no control over where they go or to whom. Good luck.
(This is information only – not legal advice).
Okay, so…I have a friend that came to me after she sexted and sent videos out to a guy. She didnt know him personally as he lived in another state. I guess that guy shared with another friend of his..and that friend ended up coming bak and blackmailing my friend. So she had to endure that and she told me she was afraid so she let herself get blackmailed into sending more pics and even videos . Yes her parents found out after a while and she got in mega trouble. The only time I talked to her was at school. But I guess the guy put them on a site and which ANOTHER person found them. This time, in our town and she knew. This new person got her number and started texting her and threatening her til she started to ignore them … but now another person is texting her saying the have a friend who has these pics and that they have them as well.. and they have yet to blackmail her with it because she just ignores them..she doesnt know what to do! and I dont know what to say or do to help her either. She is already changing her number. and the other numbers that these guys txt her on are IPOD numbers, so not very trackable. What can she do? other than tell the police or school? Because she doesnt even know who it is. Thank you, please respond ASAP
Dear Nisha: We’re sorry to hear about your friend’s circumstances. First, she needs to tell her parents what is going on. They already know that she sexted, but they need to know what is happening as a result of the sexted photos. Her parents will be able to help resolve the situation by contacting the police and making a formal complaint. If she feels she cannot tell her parents, she must tell an adult she trusts like a teacher or a school counselor. She should save any messages she receives as they are evidence against those blackmailing her, harassing her, etc. Finally, your friend should not be pressured into sending any more pics/videos as it will not help her situation. Best of luck to your friend.
(This is information only – not legal advice.)
Hello,
I sent some nude pics of my exgrilfriend to her husband this past weekend thru facebook while i was in Vegas. She was ligaly married to him while we were dating and we always shared nude pics with eachother. Im i in trouble if they go to the law? i never would have done this but now that its done, i have to stand for what i did.
Dear George: What you’ve done may be illegal, but it depends on the laws of the state where this happened. Some states have laws against sexting making it either a felony or misdemeanor. You can Google the name of the state where you did this and “sexting laws” for information. Think before doing this again. As tempting as it may be, once you hit “send” it’s out there forever and can come back to bite you. Good luck.
(This is information only – not legal advice).
me and my girlfriend are both 17, we keep are sexual life 100% private. I have a question if we sext and tell no one and delete the picture afterwords is there anyway of an outsider such as the government or the police find out ?
Dear Chris: The general answer is that, yes, there is always a way a third person can come across the photos you and your girlfriend exchange. Once you hit “send” the picture is out there for the world to see. In the event you break up, one of you could share the photos with others. Then they can spread across the Internet at lightening speed. One teen we wrote about sent a sext to his girlfriend, but she didn’t have her phone with her at the time. Her girlfriend had it, saw the picture and shared it with others. Not to mention the anti-sexting laws that exist in some states. Think about this before posting any sexually explicit photos. Good luck.
(This is information only – not legal advice).
im 17 and last year i sexted my bf cuz he pressured me into doing it… i feel so bad and i have no idea what i should do. he said he deleted it but im worried that something bad will happen. is there anyway i can fix this? because i dont think ignoring it will make it go away
Dear Cameron: As you know, once you hit “send”, an image, text, etc. could potentially be out there forever. First, you may want to sit down and have a serious conversation with your boyfriend about this and that you are uncomfortable with what you did. Perhaps he can show you his phone and that the picture has been deleted. You may want to talk to your parents about it as well, as emabarrassing as it may be, because they could help you address the matter. Otherwise, consider talking to the school counselor or another adult you trust. It sounds like you have learned from this and will not be sexting in the future as there can be unintended consequences. Take care and good luck.
(This is information only – not legal advice.)
We’ve been learning about “sexting” in my school and It has brought a question in my mind. If I received a sext photo and I didn’t even want it do I still get charged?If we are both 17. If I don’t even ask for one and they send me one anyways will I still be in trouble and what should I do? I gotta be prepared for the future just incase any of this stuff ever happens.
Dear JJ25: That’s an excellent question. It’s going to depend on the specific laws in your state and whether or not your state has enacted a law to specifically address sexting. It’s possible that even being the recipient of a sext could be a criminal act, but most states are not focused on prosecuting the recipient as long as he/she did not forward the sext or share it with anyone else. Because you don’t want to have any possible criminal images on your phone, it would be best to delete the photos and definitely not share them with anyone. However, you may want to tell your parents or another adult you trust if you are put in this situation. Thanks for asking.
(This is information only – not legal advice.)
If both parties are at least 18 years of age and are both consensual so the sending/ receiving of the nude photos would it not be protected by the 1st amendment.
Dear Anthony: Yes, but you need to be careful about the transmission to and from each other. If, for example, you sent a photo assuming it’s going to an intended person, but she doesn’t have her phone (left it somewhere or with someone else) and a third party receives it and forwards it on to others, civil or criminal laws make come into play. Innocently exchanged photos have led to blackmail, threats and other crimes after a relationship ends. This has happened and in one case, led to the suicide of a 13-year-old girl in Florida. As you know, once you hit send, you can’t get it back and you have no control where it will end up. We recommend that minors, because of these dangers and the total loss of control over the images once sent, not engage in sexting. All the best.
(This is information only – not legal advice).
wat do u do if u sexted and someone is threatening u with the pictures
Dear Diamond: Good question – this happens fairly often once you’ve sent out sexualized photos. You didn’t mention your age, but if you’re a teenager, tell your parents immediately. As embarrassing as it may be, don’t keep this to yourself. Your parents can intervene on your behalf and hopefully put an end to this. The school administration should be notified if the person threatening to use the photos against you also goes to the same school. Depending on the circumstances, your parents may also want to report this to the police. Think long and hard before you send out any more photos. Sexting can seriously backfire on you and your family. Good luck.
(This is information only – not legal advice).
If you don’t ask for nude pics and someone sending them too you..Can they get in trouble for them and the person is over the age of 18
Dear Jenny: If you are a minor and the person sending you the sexted photos is over 18, it’s possible that they could be facing penalties under your state’s laws. Try Googling your state’s name and “sexting law” for further information. However, if both parties involved are adults and both consented to the sending and receiving of the photos, then it’s unlikely that there would be any criminal charges for such an incident. Good luck.
(This is information only – not legal advice.)
I think sexting is becoming a huge problem (much like how this article pointed out the consiquences) and I think its a shame that the girls life had to end the way it did. I am sorry for your loss and I think they need to continue finding affective ways to go against sexting.
Thank you for your comments, James.
Sexting is just totally unacceptable I’m sorry for ur loss
i feel sorry for jessica and my thoughts are with the family, i have a sister that killed herself due to bullying of her appearnace and the things she has done…its never fair to see someone get treatd that way
Thanks for your comments, Jennie. We’re sorry to hear about your sister.
thats crazy…
Judge Tom’s response:
Because of the serious consequences of being charged with child pornography, some states are reviewing their statutes. Legislatures in a few states are drafting bills to make sexting a lesser crime [misdemeanor or petty offense]. Bottom line – be careful about what you send to cyberspace – it’s forever and may backfire even though your intentions weren’t criminal.