Illegal sexting can take on several different forms. In most cases, it will involve someone who sends or receives photographs depicting genitalia from a person under the age of 18.
Adults are permitted to send information back and forth as long as it is consensual, and no one is paying for it. Unauthorized posting of a person's nude or intimate photographs online is also illegal and often referred to as revenge porn.
Suppose you are being investigated for an illegal sexting act or a criminal case pending against you. In that case, you should immediately obtain an attorney and refuse to answer any of law enforcement's questions until advised to do so by your attorney.
I Found Images On My Son's Phone That He Sent To A Minor. Will He Be Prosecuted For This If He Is 18?
If an 18-year-old is caught sending sexual photographs of himself to someone under the age of 18, he could be arrested and prosecuted for illegal sexting. In many criminal sexting cases, the parents are the ones who discover the texts and alert the local authorities.
Other times, law enforcement agents will go on the internet with the intent of catching people who are targeting underage individuals and sending or requesting nude photographs.
If anyone suspects that a sex offense victimizes a child on the internet, the child's phone should be taken away, and the authorities should be alerted. If a parent suspects that their 18-year-old is engaged in illegal sexual activity online, their phone should be taken away, and the parent should immediately contact a criminal defense attorney.
Suppose the police begin asking the individual questions. In that case, they are not likely to have the wherewithal to answer all of those questions appropriately, and they will probably say something to incriminate themselves, which will lead to an arrest.
Will I Have To Go To Jail For Illegal Sexting In California?
In Los Angeles, a person could go to jail for sexting with someone under the age of 18 or requesting photographs from someone they know or reasonably should know is under the age of 18.
If someone is caught for illegal sexting, the authorities will obtain a search warrant, enter the person's home, seize all of their computers and devices, and search for child pornography and evidence of a sex crime.
What Is Revenge Porn Under California Law?
Revenge porn under California Penal Code 647(j)(4) involves someone putting another person's explicit photographs on the internet in an attempt to embarrass that person or exact revenge. In some cases, people will even send clear pictures of a person to their place of work as a form of revenge.
If someone is caught doing this, the revenge porn penal code section will prosecute them, and they could face jail or prison time.
If you are being charged under the revenge porn section of the penal code, you should immediately contact an attorney; don't try to handle it yourself, and don't communicate with the person whose information you sent because they may have the police listening in on the other line.