Distributing an indecent image of a child β e.g., sending it via text β is illegal, even if itβs consensually between two 17-year-olds. Itβs very unlikely that a child would be prosecuted for a first offense, but the police might want to investigate. As children have no control over how and where images and messages spread online, sexting leaves them vulnerable to bullying, humiliation, and embarrassment, or even blackmail.
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Sharing or disseminating sexually explicit photos or videos depicting a minor is punishable by up to one year in prison and a $1000 fine. Repeat offenders face up to three years in prison, and or a $5000 fine. Note that in 2019, Marylandβs Court of Appeals held that nude selfies taken by a minor constitute child pornography. If the receiver did not solicit the image and takes reasonable steps to delete it, then no crime is committed. However, if the receiver displays the image or shares it with a third party. The individual may face child pornography possession and distribution charges.
- As such, if you have been charged with criminal sexting it is important to contact an experienced criminal defense attorney immediately.
- First-time adult sexting offenders who possess a few still images often face Class 5 felony charges.
- Exploitation of a Minor in the second degree happens when anyone, including minors, creates child pornography.
- What is unlawful is the creation of child pornography, possession, and distribution.
Teens and Sexting: Penalties
(1) The court may place the accused under home supervision, may order community detention, or place the teen on probation. (2) The court may place the child under the guardianship or custody of the Department of Juvenile Services, a licensed private or public agency, or the Maryland Department of Health. (3) Order the minor, parents, or caregivers to participate in rehabilitative services. In exchange for a promise not to send publicize the media, the person depicted in the photo might pay money demanded from the extorting party.
- Also, if possible, consult a professional or law firm βwith expertise representing survivors of image-based sexual abuse,β Meropol says.
- The San Diego Police are asking other victims to contact them directly, and yes, we have no doubt that other students were preyed upon by this sickening individual.
- For example, an adult may solicit nude photos from an adult or minor and then use the images to threaten or intimidate the sender.
- But if the teen is accused of committing a serious felony, multiple violations, and soliciting, sending, or receiving sexually explicit photos across state lines.
Sexting laws furnish legal penalties for βsexting.β Sexing is the sending of illicit pictures or messages of a sexual nature between electronic devices. Instead, anyone in possession of child pornography is liable for prosecution even if they were unaware they were sexting with a minor. What would be wrong with trading a few sexy photos with your significant other? Generally speaking, private sharing of nude or suggestive photos between consenting adults is not, in fact, illegal.
Soliciting and attempting to solicit a child to engage in sexual activity orally or through an electronic device is a punishable offense in Maryland. Another way that sexting could shift into illegal activity is when the images or messages obtained from another person are used to coerce or extort them. Often referred to informally as βsextortion,β this act typically involves a threat that the image will be released to the public if the sender does not meet certain demands.
And if someone has already been convicted of this charge, or completed a diversion program for it, and is caught again, they will be charged with a class 2 misdemeanor. For the class 3 misdemeanor, the penalty can be a fine of $500 and up to 30 days in jail. The class 2 misdemeanor carries a possible fine of $750 and up to 4 months in jail.