Sexting and the Law (Part One)


Sexting
  

         Yikes!  Sexting may
sound harmless but it is far from it! 
Sexting can land the sender in prison for a felony and can
cause that person to have to register as a sex offender for the rest
of his or her natural life!  This is no
laughing matter and the powers-that-be (i.e. police and prosecutors) take
sexting very, very seriously.

            What,
exactly, is sexting? Well, according to Wikipedia, “Sexting is
the act of sending sexually explicit messages or photographs, primarily between
mobile phones."

            In
California,
Sexting is made a crime by Penal Code Section
288.2
which basically says that it’s a crime to send a message to a minor
if the message is intended to arouse or seduce the minor.  This crime applies even if the sender is himself or herself a minor and that minor can be prosecuted!

            Although we all
know that a minor in California
is defined as someone who is less than 18 years of age, click here to read www.sexlaws.org‘s interesting discussion of
California Statutory Rape.

            What
are the consequences?  Well, for starters
up to three years in prison.  Then,
pursuant to California
Penal Code Section 290
, someone convicted of Penal Code Section 288.2 shall
be required to register as a sex offender. 
For life!

            Recent Arrests of Alleged Sexting Violators


Sexting teen austin butler ABC News: A Stockton student was arrested on suspicion of "sexting" - sending
inappropriate sexual material via text  – to a minor, according to a
school district spokesperson. 

The arrested teen was identified as Austin Butler, 18. "Apparently the evidence suggested that the texting back and forth had been sufficient to establish a pattern," said Lee.


Sexting ione police department CBS News:
An accused serial sexter" is behind bars for allegedly harassing hundreds of women with offensive text messages.

Police say there are victims across California and at least two other states.

Steven Sharp, 30, was arrested at his home in Hayward, California after the Ione Police Department conducted a sting operation. A
police officer apparently posed as a 13-year-old girl, and in one week,
Sharp allegedly made 100 phone calls and sent 2,000 text messages to
her. 

Read about the real life dangers of sexting In Sexting and the Law (Part Two), coming soon.

Questions?
Concerns?

If You, Or Someone You Know, Was Arrested for Sexting

Call For Your Free Consultation

Please Contact Attorney Lowell Steiger
Immediately at

  (323) 852-1100  or (877) 487-8221

lowell@steigerlaw.com

Skype (with or without video): Lowell_Steiger

"Treated With the
Respect and Understanding That You Deserve"

One comment

  1. John on

    That's good advice. I've also heard that if you are a parent and a phone linked to your account, (can you say teenager) uses the phone for sexting that you will have to register as a sex offender as well. Just something to think about.