Houston Sexting Defense Attorney

Sexting between consenting adults is legal in Houston, Texas. However, it becomes a serious crime when minors are involved. In Texas, sending or receiving sexual images of minors, regardless of the recipient’s age, can lead to severe criminal charges. This is why, if you are being falsely accused of sexting a minor, consulting with an experienced Houston sexting defense lawyer is crucial.

Because of the stringent laws in Texas, accusations of possessing or distributing explicit material depicting minors can have life-altering consequences, and even false accusations can severely damage your reputation and future.

If you have been falsely accused of sexting minors in Houston, Texas, it is crucial to seek legal support from an experienced sexting defense attorney in Houston, Texas, immediately. The Scheiner Law Group is here to provide the expert guidance and defense you need, so don’t hesitate to contact us for a confidential consultation to protect your rights and fight these severe sex crime charges in Houston, Texas.

What Exactly is “Sexting” and When is it Illegal in Texas?

Sexting refers to sending sexually explicit photos, videos, or images electronically, and it’s a common practice among teens. According to DoSomething.org statistics, 24 percent of teens between the ages of 14 and 17 have engaged in some form of nude sexting, and about 15 percent of teens who have sent or posted nude or semi-nude photos or videos of themselves did so to unknown recipients they met online. Additionally, 11 percent of teen girls between the ages of 13 and 16 have sent or received sexually explicit messages.

The issue becomes more complicated when the recipients of these sexts share them with others. About 17 percent of teens who receive sexts share them with others, and approximately 55 percent of these recipients further distribute the images. While sexting between consenting adults isn’t generally a problem in the eyes of the law, the situation changes dramatically when minors are involved.

In Texas, sexting involving minors is classified as child pornography, carrying severe legal repercussions. The negative consequences of sexting extend beyond damaged reputations and embarrassment. They can include criminal charges, with potential penalties that can impact a young person’s future.

Understanding the legal boundaries and implications of sexting is crucial, especially for teens and their parents. If you find yourself or someone you love falsely accused of sexting minors in Houston, Texas, seeking immediate legal assistance is imperative to protect your rights and future.

What Are The Laws For Sexting Teens and Minors in Houston, Texas?

Overview of Texas Sexting Laws Involving Young People

In Texas, sexting is a crime even if no adult is involved. Under Texas Penal Code Section 43.261, it is illegal for a minor to “intentionally or knowingly” send another minor an obscene photo or video, or a photo or video of a minor engaging in sexual conduct, if they know it was a minor. First-time offenses are typically punishable by a Class C misdemeanor, but a first-time offender can be charged with a Class B misdemeanor under certain circumstances.

In 2019, the Texas Legislature added Penal Code Section 21.19, which states that a Class C misdemeanor is committed if a person knowingly transmits electronic visual material depicting any person engaging in sexual conduct or with intimate parts exposed without the recipient’s request or express consent.

This applies to all electronic platforms, such as emails, texts, apps, and social media. These laws are designed to protect individuals, and victims should not hesitate to involve law enforcement.

The Texas Intimate Image Abuse Law, enacted in 2015 and amended in 2017 under Texas Penal Code Section 21.16, addresses “Unlawful Disclosure or Promotion of Intimate Visual Material.” This statute makes it a state jail felony to disclose intimate images without consent, even if the person initially consented to the taking or sharing of the image privately.

Minors Knowingly Sending Obscene Material to Other Minors

For minors, sexting laws are equally strict. According to Texas Penal Code Section 43.261, it is illegal for someone 17 or younger to send obscene material depicting any minor engaging in sexual conduct to another minor. This statute also makes it unlawful to possess such material if an acquaintance created it.

A specific provision allows Texas teens to send sexually explicit material to other minors or similarly-aged adults if they are in a dating relationship and no more than two years apart in age. However, this law does not protect those who distribute such material with the intent to bully or harass.

Adults Sexting With Minors

Texas laws are stringent when it comes to adults sexting with minors. Adults who send or receive sexual images involving minors can be prosecuted for distributing sexual images to a minor, possessing or distributing child pornography, or promoting a sexual performance by a minor.

These crimes are typically punished as felonies and can carry severe penalties, including mandatory sex offender registration under Texas Penal Code Sections 12.32, 43.24, 43.25, and 43.26.

Teen Sexting Laws in Houston, Texas

Texas punishes sexting between minors under laws that prohibit electronically transmitting sexual depictions of children. As we mentioned, it is illegal for one minor to send another minor an image of someone under 18 engaging in sexual conduct, and it is also illegal for a minor to possess such images.

The law defines “sexual conduct” broadly, including sexual intercourse, masturbation, or the lewd exhibition of the genitals, anus, or female breast with the nipple. However, there are limited defenses for minors in dating relationships. If the teens are not more than two years apart in age and were in a dating relationship when the sexting occurred, they might be protected from prosecution.

Additionally, the law provides a defense for minors who receive unsolicited explicit material if they delete the image within a reasonable amount of time.

Understanding these laws and their implications is crucial for teens and their parents to avoid severe legal consequences. If you or your child are facing accusations related to sexting minors in Houston, Texas, it is vital to seek immediate legal assistance from an experienced Houston sexting defense lawyer at Scheiner Law Group.

What Are Some Types of Sexting in Houston, Texas?

Unsolicited Dick Pics in Texas

In Texas, sending unsolicited explicit images, commonly referred to as “dick pics,” is a criminal offense under Penal Code 21.19. This statute makes it a Class C misdemeanor to send visual material without the recipient’s express consent or request that depicts:

A person engaging in sexual conduct.
The person’s intimate parts are exposed.
The covered genitals of a male are in a “discernibly turgid state.”

In simpler terms, sending an unsolicited picture of genitalia, even if covered but visibly erect, is considered illegal.

Harassment

Sexting can transition into harassment when consensual exchanges of sexual images between adults turn malicious. For instance, if two adults exchange sexual pictures and later break up, the act of one party sending vindictive texts or embarrassing photos to the other can be considered harassment under Texas law.

This behavior is generally classified as a Class B misdemeanor. Harassment can also arise from sending obscene statements, defined as “patently offensive descriptions or solicitations to commit an ultimate sex act.”

Revenge Porn in Texas

The “Revenge Porn” statute, Section 21.16 of the Penal Code, addresses the unlawful disclosure or promotion of intimate visual material. It makes it a Class A misdemeanor to:

Intentionally disclose visual material of another person engaged in sexual conduct without their consent.
Threaten to disclose intimate visual material.
Promote intimate visual material.

Online Solicitation of a Minor

Online solicitation of a minor occurs when an individual uses the Internet to arrange a meeting with a minor for sexual purposes. Whether the meeting occurred, was intended to occur, or was merely a fantasy is irrelevant.

Many of these cases result from sting operations or parents discovering inappropriate online interactions involving their children. This offense carries severe legal consequences, reflecting society’s commitment to protecting minors from online predators.

Child Pornography Possession and Promotion

Possessing or promoting child pornography is one of the gravest offenses related to sexting. According to Texas law, reckless behavior involves recognizing a “substantial and unjustifiable risk” but engaging in the conduct anyway.

For example, engaging in sexual activity in a public place like a dorm room parking lot is considered reckless, regardless of the time of day, as it is a location frequented by third parties. This recklessness extends to possessing or distributing images of minors engaging in sexual conduct, which is strictly prohibited and harshly penalized.

Cyberbullying

Cyberbullying is another form of sexting-related misconduct. It involves using digital platforms to harass, threaten, or demean someone. In the context of sexting, cyberbullying can occur when explicit images are used to intimidate or shame an individual.

This behavior not only has significant legal repercussions but also contributes to severe emotional and psychological distress for the victim. Texas law takes cyberbullying seriously, and offenders can face significant penalties, including criminal charges and civil liabilities.

Understanding the different types of sexting and their legal implications in Houston, Texas, is crucial for avoiding severe consequences. If you or someone you know is facing allegations related to sexting, it is essential to seek legal advice from a skilled Houston sexting defense attorney to navigate the complexities of these laws effectively.

What Are The Penalties and Punishments For Sexting Teens or Minors in Texas?

In Texas, the penalties for sexting offenses involving teens or minors vary significantly depending on the nature of the offense and the intent behind the actions. The state has established a range of punishments designed to address the different levels of severity associated with these crimes.

Penalties for Sexting Among Minors

When minors engage in sexting, particularly the transmission of sexually explicit material involving other minors, they can be charged with a class C misdemeanor. This level of offense is relatively minor and typically results in a fine of up to $500. However, the legal consequences can escalate based on the context and intent behind the sexting.

Class B Misdemeanor

If the act of sexting was done with the intent to abuse, embarrass, harass, or offend another individual, the charges may be elevated to a class B misdemeanor. Convictions at this level carry more severe penalties, including:

Up to 180 days in jail.
A maximum fine of $2,000.

These enhanced penalties reflect the state’s effort to deter harmful and malicious behavior among teens.

Felony Charges for Child Pornography-Related Offenses

Sexting offenses can escalate to felony charges when they involve child pornography. The penalties for these offenses are much harsher due to the serious nature of the crime. The statutory penalties for child pornography-related charges are severe and escalate with repeat offenses:

Third-Degree Felony: A first-time offense is typically charged as a third-degree felony. Teens convicted of this crime may face between two and 10 years in prison and fines of up to $10,000.
Second-Degree Felony: A second offense elevates the charge to a second-degree felony, punishable by a prison sentence ranging from two to 20 years and fines up to $10,000.
First-Degree Felony: For subsequent offenses, individuals may be charged with a first-degree felony, which can result in a prison sentence of five years to life and fines of up to $10,000.

These penalties underscore the severe nature of child pornography offenses and the state’s commitment to protecting minors from exploitation and abuse.

Long-Term Consequences

Beyond the immediate legal penalties, teens convicted of sexting-related offenses may face long-term consequences. These can include a criminal record, which can impact future educational and employment opportunities.

In some cases, individuals convicted of more severe offenses, such as those involving child pornography, may also be required to register as sex offenders, which can have a lasting impact on their personal and professional lives.

Understanding the potential penalties and punishments for sexting offenses involving teens or minors in Texas is crucial for both parents and teens. It highlights the importance of using digital communication responsibly and being aware of the serious legal ramifications that can arise from inappropriate actions.

Experienced Sex Offense Defense Lawyers in Houston, Texas

Facing sex crime charges in Houston, Texas, can have life-altering consequences. Scheiner Law Group is a highly respected law firm specializing in sex crime defense, offering expert legal representation and support.

With a proven track record, our skilled attorneys have successfully defended clients against internet sex crime charges like sexting offenses, child pornography, and online solicitation of minors.

Scheiner Law Group provides comprehensive legal support, from the initial free case review to the resolution. Our attorneys meticulously investigate every detail, gather evidence, and build strong defenses tailored to each case. Known for aggressive defense strategies, we challenge prosecution evidence, question investigation legality, and seek to uncover procedural errors.

Our firm prioritizes clear communication and personalized attention, ensuring clients are well-informed and involved throughout the legal process. If you or a loved one is facing sex crime charges, contact Scheiner Law Group today for an initial consultation. You can trust our expertise and dedication to protect your rights and future.