However , under federal child pornography laws it is still illegal for under 18s to take, keep, share or send sexual images of someone under 18, including images of themselves, by phone or online. If you break the law you can end up with a criminal record. The penalties for child pornography offences, in particular, can be very serious if you are 18 or over. However, if the conduct is reported to the police it will still be recorded as a crime and could be raised in a future Disclosure and Barring Service check.
Therefore, it is crucial that the label given to the offence accurately represents the crime committed. First, the manner of creation; second, the material that is produced. In other areas of the criminal law, offences are separated based on how they are committed. For example, burglary committed with a weapon is considered separate from, and more serious than, burglary committed without one.
The end result is the same — the loss of money and possessions — but the former causes more harm to the victims. Similar recognition must be given to the victims of sexual abuse. This cannot happen while the crime is conflated with teenage sexting and other forms of youth-produced imagery. Making the crime a two-part offence would allow the law to distinguish between imagery produced by children and imagery taken by adults when considering the manner in which the material was made.
This approach — distinguishing between adults and children — is taken for physical sexual activity. If you are charged with obscenity requirements to register as a sex offender will vary from state to state. It is important to note that kids model your behavior. If you sext or if their older siblings do it they will think that sexting is normal. Since children are beginning to use cell phones and other gadgets at a very young age; it is your responsibility as a parent to explain what sexting is in an age-appropriate language.
Let them know that the photos they send may land in the hands of a malicious person. They should also know that it is not right to be blackmailed or manipulated because of photos that they have shared. As a parent, you should also inform your child of the legal consequences associated with texting. Generally, as a parent, you are not liable if your child chooses to engage in sexting.
However, if there is evidence of negligence or child neglect you may be held liable. This often happens when a parent knows that their child is in a vulnerable situation and yet they choose not to report or take measures to prevent the wrong doing. If it is you should contact a lawyer who is experienced in handling sex crimes.
Even as a parent you should be careful not to view and share the sexual content since you can be charged with possessing child pornography. Every parent should take measures to prevent their child from engaging in sexting.
This may include restricting access to mobile devices as well as the internet. Your child should also be able to confide in you. When your children become teenagers, it may be hard to control them; it is, therefore, important that you set very clear rules and if they are broken you should follow through with punishment.
Sexting charges can be quite harsh, not only for the people who have shared the sexually explicit content but also for parents. If you have been caught with sexually explicit content or have been charged with sexting, it is important that you seek the services of an experiences sex crimes attorney. At Sex Crimes Attorney we are experienced in handling sexting cases.
We will employ our legal expertise and resources to win your case and defend your rights or those of your child. We are cognizant of the fact that sexting and child pornography are serious charges that can affect your future or that of your child. We will, therefore, develop a winning strategy after taking into consideration all the facts of your case. You can call us on to book an appointment so that we can build a sound legal case.
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They can also be stopped from working or volunteering with children, for example, as a teacher or sports coach. If you are over 18 when the offence is committed you must be registered as a sex offender and follow reporting obligations for between eight years and the rest of your life, depending on the offence.
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