By San Diego Attorney on November 21, While some instances do lead to genuine and respectful connections, others can devolve into inappropriate and even nonconsensual messages. This unique form of communication has become commonplace in modern society, but California courts are slowly coming to terms with how to handle situations when sexting involves criminal actions.
When sexting occurs between consenting adults, sexting is perfectly legal under California law.
What if sexual intercourse is involved?
If each party agrees to send nude videos, sexually explicit videos, or flirtatious messages, then there are no regulations against it. However, there are several ways for sexting to become a criminal act and result in ificant charges.
For one, sexting requires the consent of all individuals involved. If one person does not consent to these messages, then the other person should immediately stop sending messages.
In addition, consent should be provided before the messages are sent and be clearly outlined between both parties. If someone continues to message an individual nonconsensually, then he or she may be guilty of harassment. This is because California law defines harassment under Penal Code In addition, a second offense can double the penalties and, if the case involves a minor, it becomes a case of child pornographywhich can be charged as a misdemeanor or felony and can require the defendant to register as a sex offender.
Anytime an adult sends an inappropriate or sexual message, image, or video to a minor, it is illegal and can result in various charges:. California law has very strict laws about interactions between adults and minors and will take any act of sexting with someone 17 years old or younger extremely seriously. Even in cases where sexting occurred between two minors, if one of them is 16 or 17 years old, he or she can be charged in an adult court instead of a juvenile court.
California courts are steadily catching up to the digital age and are rapidly developing new internet crimes to charge people with. However, these laws are not clear-cut, and, with the right attorney, you may be able to build an aggressive and thorough defense strategy to protect your future. If you have been charged with an online sex crime, including harassment, revenge porn, or crimes against a minor, you should immediately contact a San Diego sex crimes defense attorney at jD LAW. Our lead attorney is a former LAPD investigator and has more than 30 years of legal experience.
The legality of sexting in california
He understands the criminal justice system inside and out and can immediately begin working on your case to have your charges reduced or dismissed. To schedule a free consultation, call our firm at Posted in: Sex Crimes. Time is of the essence when your future is in jeopardy. Contact jD LAW today for the aggressive defense you need.
The Legality of Sexting When sexting occurs between consenting adults, sexting is perfectly legal under California law. Annoying or Inappropriate Messages For one, sexting requires the consent of all individuals involved.
Crimes Involving Minors Anytime an adult sends an inappropriate or sexual message, image, or video to a minor, it is illegal and can result in various charges: If an adult sends a lewd message to a minor, it is a violation of California Penal Code If an adult offers a minor money in exchange for sexual activities, it can lead to a charge of solicitation of a minor. Contact a Diligent San Diego Defense Attorney Today California courts are steadily catching up to the digital age and are rapidly developing new internet crimes to charge people with.
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