Unlawful Electronic Transmission of Sexually Explicit Material
Sending and receiving sexually explicit material is common practice amongst adults of all age groups. Transmission of these images can quickly become a crime in many situations, including when the recipient does not consent to receiving this explicit content. It is illegal to send sexually explicit to an individual who did not request consent for receiving the content. Sexually explicit material may include images of intimate areas, sexual conduct, and/or suggestive nudity.
“Sexting” which we will detail below, has become a serious crime with charged which can damage your life and result in hefty fines as well.
For starters, contact an experienced, award-winning sexting defense lawyer in Dallas. Your best choice is Gregg Gallian at Gallian Firm, who will provide a free consultation and case review. Upon speaking to Gregg, you will know immediately why he is exactly the type of attorney you need if charged with sexting or related crimes.
What is SEXTING?
Sexting generally refers to sharing sexually explicit images, messages, and/or other content via text messaging (SMS). This includes images of full or partial nudity, sexually suggestive, or other explicit content.
How is "Sexually Explicit Material" Defined?
It is illegal to send sexually explicit via content via any digital means of transmission. Section 21.19. of sex crime laws cite that the unlawful electronic transmission of sexually explicit material applies in the following situations.
Illegal Visual Material Depicts:
(a) any person engaging in sexual conduct or with the person’s intimate parts exposed; or
(b) covered genitals of a male person that are in a discernibly turgid state.
This charge is legitimate in cases when the person receiving the images did not request them and/or express content. This also applies to situations when the individual sending them has reason to believe that the individual does not approve of their receipt.
The law defines intimate parts as the genitals, pubic region, anus, butt, and/or female nipples. Sexual conduct applies to actual or simulated sexual intercourse, bestiality, masturbation, or sadomasochistic abuse.
Is Sexting Considered Transmission of Sexually Explicit Material?
Sexting generally refers to sharing sexually explicit images, messages, and/or other content via text messaging (SMS). This includes images of full or partial nudity, sexually suggestive, or other explicit content.
Sending sexually explicit images or other visual content via text messages, or while texting, can be considered the unlawful transmission of sexually explicit material. This can occur when the person receiving the sexual material claims that they did not express consent to receive these images.
Sexting can result in severe and serious charges if images are sent or received to a minor under the age of 18. This can result in additional and severe felony charges, including solicitation of a minor and the possession of child pornography. These criminal allegations may occur even when the defendant is unaware that the person receiving the images is a minor.
What Are the Penalties for Unlawful Electronic Transmission of Sexually Explicit Material?
These charges can result in a Class C misdemeanor which possesses the risk of a fine of up to $500.
Section 21.19. (d) states:
If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section or the other law.
From this clause, we can determine that charges for the electronic transmission of sexually explicit material may exist concurrently with additional charges.
Sexting can result in severe and serious charges if images are sent or received to a minor under the age of 18. This can result in additional and severe felony charges, including solicitation of a minor and the possession of child pornography. These criminal allegations may occur even when the defendant is unaware that the person receiving the images is a minor.
Enhanced Charges for Transmitting Sexually Explicit Material
These charges could be enhanced, and significantly harsher penalties in certain situations. if you sent these explicit images to a minor or used these images as blackmail against another individual
Display of Harmful OR EXPLICIT Material to a Minor
The transmission of sexually explicit or nude photos to an online location where a minor may be exposed to this content can be a crime. This is illegal and can result in significantly increased criminal charges when a minor is exposed and harmed by these images.
Material That is Considered Harmful to Minors Includes:
- Nude Images
- Sexual Activity (1 or more Persons)
- Material Deemed to Have No Value to Minors
This involves accidental exposure of sexually explicit material on the internet via chat rooms, social media, and other online applications.
Display of harmful material to a minor is a Class A misdemeanor and can easily be evaluated to a felony charge in many situations.
For example, this could quickly become a felony if the defendant intentionally sent these sexual materials to a minor.
Misdemeanor Penalties
A Class B misdemeanor conviction could result in up to 6 months in jail and/or fines of up to $2000.
A Class A misdemeanor could result in up to 1 year behind bars and fines of up to $4000.
Gallian Firm WILL DEFEND YOU AGAINST SEXTING OR ILLEGAL Transmission of Sexually Explicit Material CHARGES
Gregg Gallian has successfully helped his clients in countless cases where sexually explicit material was the issue at hand. Don’t wait, contact Gregg Gallian today for a free consultation. It could be the most important call of your life.
Gallian Firm could potentially have these charges dropped or lessened by building a strong defense case. If you are facing these charges, reach out and call (214) 432-8860 as soon as possible for a free case review and consultation with Gallian Firm.
