what to know if charged with Sexting in Texas

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charged with sexting in texas?

If you have been charged with sexting in Texas, you may want to read further.  A study cited in the National Library of Medicine determined that non-consensual forwarding of sexually explicit messages is a common practice amongst adults of all ages. But were you aware that this behavior, commonly known as “sexting”, could be considered a criminal offense in Texas?

There are several situations in which sexting could be considered a crime in the State of Texas. Criminal charges may even be applicable in situations that involve legal-aged adults. Criminal sexting that involving a minor, though, is especially damaging and could result in a determination that the sexting is an illegal act and punishable by severe criminal penalties.

In most cases, the consensual exchange of sexually explicit materials between two consenting adults is not an illegal act. However, there are numerous situations in which you may face charges for sexting. 

The following informational guide reveals the basic elements that you need to know about sexting laws in Texas.  While this information is useful, if you or someone you know is facing sexting or other internet sexual crime charges, it is critical you contact sexting defense lawyers Gallian Firm LLC.  Gregg Gallian is an experienced sexting defense lawyer who will aggressively defend you.   

In addition to providing information about sexting, this blog will also provide information as to what you should do if you are facing allegations for any serious sex-based crime in Texas.

How is SexTing Defined?

Sexting refers to the act of sending sexually explicit content to another individual. The term is used loosely but could apply to any type of sexually explicit materials, including text, images, and/or video content. To be charged, these sexually explicit materials may be sent through any means of digital communication.

When Is Sexting Illegal?

sexting lawyer Dallas

You may be surprised to learn that there are a wide variety of circumstances that could lead to sexting-related criminal charges. One major example is that sexting is considered a serious criminal offense if the sender or receiver is a minor in Texas. These charges are often elevated to federal-level criminal offenses. Federal crimes employ the largest government organizations and advanced technology and resources to investigate and charge the accused.  

There are even situations when it is illegal for one adult to send sexually explicit materials to another adult. For example, it is illegal to send any individual unwelcome sexually explicit materials, including texts, images, or video content. Sending nudes without the consent of the person receiving them is also considered a criminal offense.  A federal defense lawyer like Gregg Gallian, who knows the federal court system inside and out, is the best attorney in Dallas for a sexting-related crime that gets enhanced to a federal-level crime.

What Is Revenge Porn?

“Revenge porn” is the criminal act of distributing sexually explicit photos or videos that the sender did not intend to be shared. This act is referred to as revenge porn because it is most commonly committed after a relationship has ended.  

The legal charges related to revenge porn is known as the unlawful distribution of sexually explicit material. A conviction on these charges could result in a state jail felony if you share explicit materials that the sender intended would remain private. The penalties for revenge porn in Texas were recently increased to a state jail felony.

What if Both Parties are Minors?

It is an illegal act for a minor to send sexually explicit material to another minor. Sending sex-related content could result in Class C misdemeanor charges. These charges may be elevated to a Class B misdemeanor, depending on the unique circumstances in the case.

What are the Penalties for Sexting in texas?

The penalties incurred for sexting may range from a Class C misdemeanor charge to a serious federal-level offense. These convictions may

What if You Accidently Sexted a Minor?

Any form of sexual communications with a minor, or a person that you believe to be a minor, is a federal-level crime.  This includes sending or receiving explicit texts, images, and/or video content with anyone under the age of 17. These communications may occur via text, email, social media, etc. You may face additional charges, including sexual solicitation of a minor in these circumstances.

Can You Go to Jail for Sexting in Texas?

Yes, mandatory sentencing can occur after a sexting conviction in Texas.

Possible Defenses for Sexting in Texas

Beating allegations for sexting-related crime will require a sexting defense attorney who is familiar with strategies and techniques to beat or reduce charges. 

Defenses for sexual-based crimes, including sexting, could include innocence, intoxication, or a different strategy. Reach out to an experienced Dallas attorney Gregg Gallian immediately at 214-432-8860 for help in fighting back and beating these charges.

Dallas Sex Crimes Lawyer

Dallas sex crimes lawyers Gallian Firm are your only hope for fighting back against allegations of criminal sexting that get further down the criminal charges path.  The government will come after you with everything they have and try to make an example of you.  It is imperative that you reach out to experienced sex crimes lawyer Gregg Gallian immediately when you learn you are charged.

Gallian Firm, LLC

You deserve the best legal representation in your corner if you are facing criminal allegations of sexting. Reach out to Gallian Firm, LLC today for a free consultation to review your case.  Gallian Firm will unquestionably provide you the best, most aggressive defense possible.