The law encourages prosecutors to develop diversion or alternative programs for juveniles charged with a first offense under the law. Diversion allows the juvenile to avoid adjudication as a juvenile delinquent. The punishment for violating this statute is a misdemeanor punishable by up to five years in prison and a $2500 fine.
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While some states have addressed the issue of teen sexting by providing reduced penalties for sexting by or between minors, California is not one of these states. Under state law, teens, or anyone below 18 do not have the right or authority to consent to the creation of sexually explicit images, videos, or other media. Consequently, when anyone below 18 takes a sexually suggestive photo, a nude selfie, or a picture or video of his or her privates, the activity constitutes child pornography creation. Creating child pornography is a crime, and sending that photo or image escalates the crime to possession and distribution of child pornography. For teens, state sexting laws explicitly state that it is illegal to create an image depicting anyone younger than 18 years old engaged in a sexual act. It is also illegal to possess obscene videos or images of a child younger than sixteen engaged in sexual conduct.
Sexting Laws
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Oregon Sexting Laws for Teens and Minors
The law, the Prostitution Act (Prostitutionsgesetz), removed the general prohibition on furthering full-service sex work and allowed sex workers to obtain regular work contracts. The law’s rationale stated that sex work should not be considered as immoral anymore. After World War II, the country was divided into East Germany (German Democratic Republic) and West Germany (the Federal Republic of Germany from 1949–90). In East Germany, as in all countries of the communist Eastern Bloc, full-service sex work was illegal and according to the official position, it did not exist. There were high-class sex workers working in the hotels of East Berlin and the other major cities, mainly targeting Western visitors; the Stasi employed some of these for spying purposes. Street-based workers were available for the pleasure of visiting Westerners, too.
If you are a victim of cyber extortion, stay calm and ignore any instructions regarding payment. Do not communicate further with the culprit and take screenshots of all communications as evidence. If any of your photos/videos were uploaded, report all compromising content using the report function on the respective online platforms to have them taken down. However, if you are convicted of sexual grooming of minors, your criminal record cannot be spent. Those convicted of cybersexual crimes such as criminal intimidation, sexual exposure and sexual grooming are likely to have a criminal record. Online grooming is the act of building up a trusting and emotional relationship with a minor on an online platform, with the intention to sexually exploit, gratify oneself or sexually abuse that minor.
- New laws specifically targeted at teen sexting are intended to educate young people about the dangers of sexting.
- It is illegal to produce, possess or distribute naked or sexually explicit pictures and/or videos of young people under 18 years of age.
- The circumstances or facts of the case will determine if the accused faces both state and federal law.
An adult or juvenile tried as an adult who is convicted of a sexual exploitation charge faces harsh penalties. Depending on the circumstances, the court can impose up to 12 years in prison and fines of up to $750,000. Sexting that involves sexually exploitative images of a child (younger than 18) can also constitute a felony. Sexually exploitative images are those that show “explicit sexual conduct,” which includes sexual intercourse, erotic fondling, erotic nudity, and sexual excitement. It’s against the law to have a nude of someone under the age of 18 on their phone.
This may result in different treatment at school and their community, both now and in the future. It could also affect their education and employment prospects as online reputation stays around longer. Additionally, an attorney can also assert any legal defenses applicable to your specific case. Some states are still learning how they want to handle these crimes, especially when they involve minors. Or any other visual depiction of a child engaged in a sexual act that lacks literary, political, or scientific value. Attempting or conspiring to commit any of the acts listed above is punishable by a minimum sentence of fifteen years in federal prison and up to thirty years.