First, an adult who receives or shares a nude or sexual image of a child under the age of 18 can be charged with possessing or sending child pornography.
Some states have enacted defenses against child pornography charges for (sometimes including kids up to 19 years old) who engage in sexting, but such defenses do not apply to older adults.
While prosecutors tend to be reluctant to pursue aggressive sentences for teens who are caught sexting with a boyfriend or girlfriend, under other circumstances, heavier penalties will apply.
That is a cold fact, and one that’s important to remember when you sit down to have a talk with them about what they can and can’t do with their device.
Sexting, nude photos, and other erotic online activities can cause a storm of legal problems for teens because they are underage.
Sometimes all it takes is a year of difference between a teen and a partner for serious problems to erupt.
Many parents do not fully understand nor contemplate the fact that a child or teen sending or receiving sexually explicit images on their smartphone may be deemed to have committed a criminal offense, with the severity of those charges being quite sobering.
In Texas, a law passed in 2011 , SB 407, imposes harsh consequences for teens.