In Texas, sexting crimes committed by minors and adults are treated differently, with different laws used to prosecute minors versus adults and differing penalties as well.
Texas’ law against electronically transmitting sexual depictions of children is used to prosecute teens suspected of sexting. This is a Class C misdemeanor with penalties of a fine of up to $500 and more severe penalties for repeat offenses or if the act of sexting was part of cyber-bullying or other harassment.
However, minors in Texas do have a defense to prosecution for sexting, which is when the images sent were only of the sender or the recipient, the sender and recipient are in a dating relationship and both parties are not more than two years apart in age (including if one of them is over 18).
Adults who engage in sexting with minors can be prosecuted for distributing sexual images to a minor, possessing or distributing child pornography or promoting sexual performance by a minor, which are all felonies in Texas. Penalties can include a fine of up to $10,000, up to 20 years in prison, or both.
Sexting may also be a federal crime, depending on the circumstances. The Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today (PROTECT) Act of 2003 prohibits the production, distribution, receipt or possession with intent to distribute any image of a minor engaged in sexually explicit conduct. It is also a federal crime to solicit or promote sexually explicit material involving someone under the age of 18.
Minors are typically not subject to federal prosecution for sexting since the Federal Juvenile Delinquency Act provides that, where possible, minors should be prosecuted by the state for such crimes.
Whether you are facing a serious federal white-collar prosecution, a state murder charge, or misdemeanor charges, The Cogdell Law Firm has the experience, knowledge and reputation you want for your legal team. When results matter most, contact Dan Cogdell at 713-426-2244 or firstname.lastname@example.org.