Act 304 “unlawful distribution of sexual images” requires that any minor that pleads guilty, or no contest, to serve at least eight hours of community service. This is a class A misdemeanour -meaning the court may also order a $2500 fine or one year in confinement if the case stays in juvenile court. Juveniles age 14 or older who are charged with felony sexual exploitation of a minor can be tried in juvenile court or may be transferred to adult court and face adult penalties. The definition of “explicit sexual material” includes material that shows human genitalia or nudity, sexual activity, sexual conduct, sexual excitement, or sadomasochistic abuse. Keep in mind that statutes, which define crimes and their penalties, can change, so checking them is always a good idea. These are just some of the reasons to consult a criminal defense attorney if you have any questions about sexting or have been accused of a crime.
Mitigating Factors in a Criminal Case
She sends those photos, with her friend’s permission, to her friend’s 14-year old crush. He forwards them on to two of his friends (also age 14), who both look at the picture but quickly delete it. All of these children have violated New Jersey’s law against child pornography (see definition below). But, in this situation, the judge could authorize diversion so the children can receive counseling instead of a felony record. Georgia law makes it a crime to knowingly possess, create, or distribute a “sexually explicit image” (other than a selfie) of a minor younger than 18.
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- An adult convicted of sexual exploitation of a minor can be required to register as a sex offender.
An attorney can protect your rights and help you successfully navigate the criminal justice system. Any charges that stem from a sexting-related crime can result in serious consequences for those involved. If you or your child has been questioned by the police or charged with a crime, you should speak to an experienced criminal defense lawyer immediately. It is a crime to solicit, request, force, or blackmail a minor into sending sexually explicit pictures.
What is ‘sexting’?
The law encourages prosecutors to develop diversion or alternative programs for juveniles charged with a first offense under the law. Diversion allows the juvenile to avoid adjudication as a juvenile delinquent. The punishment for violating this statute is a misdemeanor punishable by up to five years in prison and a $2500 fine.
Even worse, it may ruin their freedom, finances, and reputation in society, meaning they will have more trouble getting a job or have difficulty getting into the college of their choice. Many factors determine if you are in an exploitative relationship with the minor. These include the age of the minor, the difference in age between you and the minor, the nature of the relationship, and the degree of control or influence you exercise over the minor. However, if the victim had been below 14 years old, and you had not reasonably believed that the victim was or above that age, then the maximum jail term is increased to 4 years. If convicted, you will be jailed for a term of up to 1 year and/or fined.
“It can include descriptions and discussion of sex, nude or semi-nude photos, flirting, and expressing your sexual desires,” Hannah Meropol, Attorney at C.A. As mentioned, creating, sharing, and offering to share pictures or images depicting a child engaging in sexual conduct is a level 5 felony. However, if there is the use of force, the minor in the picture is below twelve, or if there are aggravating factors (harm, committing sexual acts in front of a child, and so on), the charges escalate to a class 4 felony.