Discreet Confidential Consultation (213) 542-0979

Sexting

Sexting Criminal Defense Lawyer in California

One of the most significant issues, from a defense standpoint, in these cases, relates to whether or not the defendant had a reasonable belief that they were sexting with a minor.

Most of the time, I see law enforcement posing as a minor and eventually arresting the person they trap into committing the crime of sexting on the Internet.

However, I see more and more that my clients are not on sites that should have minors on them. In other words, they are on adult sites looking for contact with an adult and not a child. I see the exchange taking place, and at the last second, the police throw in that they are underage.

This puts the person on the other end in a wrong position of not knowing what to do or react.

Chatting with an Alleged Minor

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 18. Some people continue to chat with the alleged minor chat with the suspected 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. If there is a trial, they will likely have trouble proving you guilty of the crime of sexting because the police entrapped you into becoming involved with the subject's 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 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 is whether the authorities can prove that the defendant sent or received the nude photographs in question. This will spin on the specific facts of the case.

Most of the laws related to sexting with minors are based on common sense and protecting children. 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 prosecutors' evidence against them and whether they will believe it or question it. Once we have the answer to this question, we can begin to develop the defense strategy in your case and what we will do to protect your rights, freedom, and criminal record.

The Law on Sexting in California

Are you or someone you know is charged with a new 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 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.

What Exactly is Sexting?

Sexting is sending sexual or pornographic images via text or email. If the sender or receiver is a minor, a crime has occurred. If the photos are of someone under 18 years old, the sexting charges may turn into child pornography. Therefore, sexting charges can have severe repercussions.

California Penal Code 288.2 PC prohibits sending a message to a minor if the message is intended to arouse or seduce the minor sexually. 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.

As you sex crime defense lawyer, we aim to assert any defenses on your behalf to get the charges either dismissed or reduced. We use all our skills, knowledge, and aggressive legal strategy to bring you the best results possible. Protecting your legal rights, freedom, and reputation is a top priority for our Los Angeles defense lawyers.

If you or someone you know faces sexting charges or any other sex crime charges, do not hesitate to contact our sex crime defense attorneys to set up a free face-to-face consultation. I also encourage you to read my book on sex crimes that will answer many of your questions and lay the foundation for you to make the right moves in defending yourself.

Related:

What Could Happen if You're Caught Sexting with a Minor?

Contact Us Today

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.

Menu