Whether it is through texts or social media platforms, teens in Texas and states across the nation use their phones to send a wide range of photos, media and messages. While this can easily be brushed off as normal behaviors of teens today, the unfortunate reality is that crimes could be committed without the full realization by the parties involved.
While a selfie sent to a significant other or having a significant other take a consented picture appears innocent on the surface. However, if those pictures involve nudity or partial nudity of someone that is underage, then the capturing or sending of these images may violate child pornography laws.
Understanding child pornography laws
Child pornography is described as any visual depictions of sexually explicit conduct involving a minor. Under federal law, a minor is a person who has not yet reached the age of majority. In most states, the age of majority is 18.
When it comes to federally prosecuting these crimes, the U.S. Department of Justice prosecutes offenses occurring across state lines or in almost all matters that involve the internet. Those accused of a child pornography crime could be charged in both federal and state courts.
Often, state courts mirror federal laws; however, they tend to be more comprehensive. For example, they are likely to define the elements of the crime, what constitutes sexual conduct or sexual activity and who they consider to be a minor.
Penalties and defense options
Because the laws were created to protect minors, in many circumstances, this also means prosecuting minors for any violation of these laws. Even if it was a selfie sent without coercion, the minor that sent the racy selfie could face charges and the recipient could also face prosecution.
Penalties for child pornography are significant. Simple possession is a felony and is likely to carry a prison sentence. Additionally, those convicted are required to register as a sex offender for several years or possibly life.
Defenses can often relate to the digital age of the situation and what constitutes possession. And in situations where images are set to auto-delete, this could also challenge possession. Because this crime could be charged in both federal and state court, it is important to understand the matter fully and the possible defense options you have.