Is Sexting Against the Law?

What is Sexting?

Sexting is defined as the act of transferring sexually explicit messages to one or many people through cell phone text messaging or any other electrical device used for messaging. The messages usually contain illicit photographs or video links depicting the person sending them.

Is Sexting Against the Law?

If the person sending or receiving the message is under the legal age of adulthood, then they may be convicted of possession or distribution of child pornography. New Jersey’s teen sexting law was enacted in 2012. Since its enactment, New Jersey has created a diversion program that may be used instead of criminal prosecution for teens who are charged with child pornography as a result of sexting. If the judge feels that it is suitable, children who create, distribute, or exhibit images that qualify as child pornography may be ordered to participate in an educational program or counseling. This program addresses the penalties of sexting instead of being illegally accused.

Adults Sexting in New Jersey

An adult who receives or shares any kind of sexual image of a child under the age of 18 can be charged with possessing or sending child pornography. An adult who sends a nude or sexual photo of him or herself to a child could also be convicted of a crime. And if an adult shares any kind of sexual photos of another adult without his or her permission, he could be charged with harassment or sued in civil court for causing emotional distress or other damage.

Sex Crime Defense Attorney in New Jersey

If you are accused of sexting and need legal help, then contact our New Jersey criminal defense attorney at The Law Offices of Joel Silberman, LLC. We focus exclusively on criminal defense. At the Law Offices of Joel Silberman no case is too big or too small. Call us today at 201-420-1913. We serve in Jersey City and Newark, New Jersey.