One of the biggest issues, from a defense standpoint, in these cases relates to whether or not the defendant actually had a reasonable belief that they were sexting with a minor.
Most of the time I see that it is actually law enforcement posing as a minor and eventually arresting the person they trap into committing the crime of sexting on the Internet.
However, I am seeing more and more that my clients are not on sites that should have minor on them. In other words, they are on adult sites looking for contact with an adult and not a minor. In fact, I see the exchange taking place and at the last second the police throw in that they are under age.
This puts the person on the other end in a bad position of not knowing what to do or how to react.
Some people simply freeze up and go through with the exchange of photos and continue to talk with the person who has revealed that they are under the age of 18. The reason some people continue to chat with the alleged minor is because they are not sure if the person on the other end is telling the truth and it does not seem real to them that they have just taken the first step in potentially destroying their life.
Your sex crime defense attorney has the job of showing the prosecutor and the judge that the police did not handle the investigation appropriately and if there is a trial they will likely have trouble proving you guilty of the crime of sexting because the police basically entrapped you into becoming involved with the subject behavior.
And, this is behavior that you would have never engaged in, but for the police cajoling you into something that you did not intend to happen.
In other cases that I defend, an adult sends nude photos to a minor and the minor’s parents find the photographs and call the police. Under these circumstances, the police will have to be able to show that the adult knew that they were dealing with a minor.
If it is not clear by the language in the exchanges, then many times I will see the police do a pretext phone call where they have the minor or the minor’s parents confront the suspect and try and get them to admit on tape that they knew they were dealing with a minor and sent or received the nude photos anyway.
Another issue that can crop up in these cases relates to whether the authorities can prove that it was the defendant who actually sent or received the nude photographs in question. This will obviously spin on the specific facts of the case.
Most of the laws related to sexting with minors are based in common sense and protecting the minor. If you are charged with sexting, your best first move is to consult with a criminal defense attorney who has been down the road you are about to travel and had success and knows how to watch out for the pitfalls related to these cases.
When I sit down with a client to discuss their case, one of the first things that we are evaluating is how a jury will view the evidence the prosecutors have against them and whether they will believe it or question it. Once we have the answer to this question, we can then begin to develop what the defense strategy will be in your case and what we will do to protect your rights, freedom and criminal record.
Are you or someone you know being charged with a newly rising crime, sexting? To ensure that you have the best possible defense, contact our Los Angeles sex crime defense attorneys to get on your case.
When we sit down to develop our plan, we are looking to guard your rights and do everything possible to keep you out of prison and prevent you from having to register as a sex offender for the rest of your life.
When it comes to being charged with a sex crime, our defense attorneys know and understand the approach that needs to be taken. We have a combined 75 years of experience and we have handled thousands of sex crime cases, sexting being among those cases.
Sexting is basically sending sexual or pornographic images via text or email. If the sender or receiver is a minor, then a crime has occurred. If the images are of someone under 18 years old, the sexting charges may turn into child pornography charges. Therefore, sexting charges can have some serious repercussions.
California Penal Code sections 288.2 prohibits sending a message to a minor if the message is intended to sexually arouse or seduce the minor. This applies to text messages, emails, letters phone calls and any other form of communication.
Section 288.2 can be charged a felony or misdemeanor and result in a sentence of up to three years in prison and mandatory sex offender registration as required by California Penal Code section 290.
Our aim as you sex crime defense lawyer is to assert any and all defenses on your behalf to get the charges either dismissed or reduced. We use all our skills, knowledge, and aggressive legal strategy to get you the best results possible. The protection of your legal rights, freedom, and reputation is a top priority for our Los Angeles defense lawyers.
If you or someone you know is facing sexting charges or any other sex crime charges, do not hesitate and contact our sex crime defense attorneys to set up a free face to face consultation. I also encourage you to read my book on the subject of sex crimes that will answer many of your questions and lay the foundation for you to make the right moves in defending yourself.
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