Does Sexting Warrant Child Pornography Charges?

Posted By Okabe & Haushalter || 9-Jul-2012

Child pornography has become more than filming provocative movies or posting inappropriate pictures online. In the last couple of years a new trend has taken rise: sexting. Sexting is sending pictures of yourself or recieving pictures of another nude or seminude individual via your mobile device.

If you or your child faces child pornography charges for sexting, there is hope for you. It is possible for another party to press charges against you that simply are not valid. Recently a high schooler was prosecuted for child pornography after investigators found a seminude picture of her on another's phone. This high schooler was told that if she did not attend a class on pornography and sexual violence, she would be held responsible for "sexual abuse of a minor."

In the words of the criminal defense attorney who represented her case, "Prosecutors should not be using a nuclear-weapon-type charge like child pornography against kids who have no criminal intent and are merely doing stupid things." The debate raging is that confiscating children's cell phones and finding nude or seminude pictures violates their Fourth Amendment rights.

According to a survey by the National Campaign to Prevent Teenage and Unplanned Pregnancy and 20 percent of teenagers and 26 percent of young adults of the 1,280 individuals surveyed admitted to texting a nude or seminude picture of themselves.

If you were hammered with child pornography charges because you were caught "sexting," our firm can help. We have the experience you need and have been featured on USA Today, CNN, and Newsweek, just to name a few. Sexting is still a new activity and thus several powerful defenses can be made against a prosecutor to show that their case simply is not valid. Recieve hard-hitting action today by contacting an attorney from Okabe & Haushalter. We would love to help you defend your rights and your reputation!

Categories: Child Pornography

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