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When Is Sexting a Crime in California?

Posted by Ronald D. Hedding | Oct 03, 2023

Let's review what criminal charges you could face if you're caught sexting with a minor in California. More and more these days, people are on their phones on the internet, and they get themselves caught up in a situation where they're sexting with a minor.

When this occurs, you face registering as a sex offender as defined under Penal Code 290 PC, custody time, and your reputation is severely damaged.  It's unbelievable how sexting can turn into something horrible for a person.

For example, suppose you ask a minor to send you a nude photograph or a nude video of themselves, and they do it. In that case, you've just created child pornography and production of child pornography as defined under Penal Code 311 PC.

Notably, it is undoubtedly a severe offense at the state level, and you would face prison time. Still, at the federal level, a 15-year mandatory minimum in federal prison served at 85% as defined under 18 U.S.C. 2252

Sex Offender Registration

You'll likely register as a sex offender for the rest of your life.  So, it puts you in a bad position when you start sexting with somebody who you know or reasonably should know from the circumstances, is under the age of 18.

So, if you or a loved one is caught up in one of these cases, you will want to get an attorney immediately.  I definitely would not speak to law enforcement.

I would set a meeting with someone like me who's been a criminal defense attorney for over 30 years and handled many of these sexting cases since the sexting laws have gone into play and since they're being utilized to such a large degree across the county. 

Case Strategy Review

We will sit down in the privacy of my office and find out exactly what happened – what evidence the police, law enforcement, and the agents have against you – so we can figure out what the next move is – what the best course of action is.

I can't tell you how many times people make a mistake and do something that exacerbates their problem and puts them in a much worse position because, for whatever reason, they choose not to get an attorney and try to handle the matter themselves.

I've been doing this now since the early 1990's.  I started working for the prosecutors, then a superior court judge, and then in 1994, I became a criminal defense attorney and started defending people like you.

So, if you or a loved one is charged with sexting with a minor, pick up the phone now.  Ask for a meeting with Ron Hedding.  We'll go over everything and begin the process of developing a plan to defend you. The Hedding Law Firm is located in Los Angeles, CA.

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About the Author

Ronald D. Hedding

What Makes Ronald Hedding Uniquely Qualified To Represent You? I've been practicing criminal defense for almost 30 years and have handled thousands of cases, including all types of state and federal sex crime cases. All consultations are discreet and confidential.

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Hedding Law Firm is committed to answering your questions about state or federal sex crime issues in California and throughout the United States.

I'll privately discuss your case with you at your convenience. All consultations are free, discreet, and confidential. Contact us today to schedule an appointment.