SEXTING IN PENNSYLVANIA
Given the widespread use of cell phones, it is no surprise that there has been a rise in “sexting” incidents in Pennsylvania. Studies have estimated that about 15% of teenagers have sent or received a sext from another teenager.
Although parents may want to minimize this behavior as normal sexual exploration, being charged with a sexting crime can have damaging consequences to any child’s future. This is especially the case in situations there the sexually explicit photo, video or message is forwarded to unintended recipients, including peers and anonymous websites.
Sexting Defined
The crime of sexting is entitled “Transmission of Sexually Explicit Images by Minor” and is found at Title 18 Section 6321 of the Pennsylvania Crimes Code. The crime of sexting applies to minors under the age of 18 in Pennsylvania under limited circumstances.
The grading of a sexting offense can range from a summary, non-traffic offense all the way up to a 2nd Degree Misdemeanor depending on the conduct involved:
Summary Offense: Crime punishable by a maximum sentence of up to 90 days for a minor who sends a sexually explicit image of himself or herself; or knowingly possesses or views a sexually explicit image of another minor who is at least 12 years of age or older.
3rd Degree Misdemeanor: Crime punishable by a maximum sentence of up to 1-year if the minor sends a sexually explicit image of another minor who is 12 years of age or older
2nd Degree Misdemeanor: Crime punishable by maximum sentence of up to 2-years in jail if the minor creates transmits a visual depiction of a minor in a state of nudity without the minor’s consent, with the intent to coerce, intimidate, torment harass or cause emotional distress to the minor.
What Conduct Does Not Constitute Sexting
The crime of sexting does not apply to images or videos depicting sexual intercourse, oral or anal intercourse, or penetrations of the genitals or anus of a minor, or to those images and videos taken for a commercial purpose. Individuals who possess or transmit this material may be charged with more serious offenses, such as the possession of child pornography and unlawful dissemination of intimate images.
Sexting does not apply to those who are 18 years of age or older. Two adults who consent to sending and distributing sexually explicit images may do so legally, so long as they do not distribute the images to others without consent. However, adults in possession of sexually explicit images of minors will be charged with far more serious offenses, and will face prison time and sexual offender registration requirements.
What should I do if my child has been charged with or is under investigation for Sexting?
You do not want your son or daughter to start their adult life with a sexting adjudication that may cause substantial harm upon their future employment and educational prospects. If your child is under investigation for sending or receiving a sexually explicit message, you do not want to talk to police without securing the services of a criminal defense attorney.
If your child has already been charged, the first step is to secure the services of an experienced criminal defense attorney to represent your son or daughter in court. Attorney Dave Zuckerman has represented juveniles and minors in criminal courts throughout Western Pennsylvania with one goal in mind: seek the dismissal of criminal charges.
For a free consultation, please contact Attorney Zuckerman directly at 412-447-5580 today. It may be possible to secure a dismissal of charges or access to diversionary programs early in the criminal case process.