The maximum penalty for making, sending or having child abuse material is 15 years in jail. The most obvious way a teenager – or anyone for that matter – can get into trouble is to send or receive a sexually explicit photo of a person under the age of 18. Under the PROTECT Act of 2003 (Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today), it is a federal offense to distribute, receive, or possess any image of a minor engaged in sexual activity. Such actions can be prosecuted federally under 18 USC 2252 and 18 USC 2252A.
If the person claims that they are not the one that sent the messages,, they can try to argue that as a defense. Common situations where this defense may be used are with a stolen cell phone or when a third party uses the accused’s cell phone. However, consent does not matter if one of the parties to the sexting is a minor.
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Finally, the current law fails to deter sexting in any way and may incentivize young people to commit further crimes. Nevertheless, felony charges will remain for adults who engage in sexting and teens who engage in sexting without the other individual’s consent. Be sure to double-check with an attorney or your local municipality for the details of your jurisdiction’s sexting laws and possible defenses.
As technology develops, some activities that once seemed novel are becoming commonplace. Sexting might not seem like a big deal and it occurs at a substantial rate among teens, but the act can result in serious criminal penalties. Sexting refers to sharing sexually explicit images or messages through web-communication devices. While Oklahoma has not yet categorized sexting as a criminal offense, the activity has the potential to result in criminal penalties. For example, if a recipient of sexual messages is a minor, the sender can end up facing strict obscenity charges.
Sex offender registration requirements apply to individuals convicted in adult court for any of the above crimes, unless the conviction is a misdemeanor. Under state and federal law, attempting to solicit and soliciting sex from a minor via an electronic device is a class H felony. Remember, under state law, anyone above sixteen is an adult, so prosecutors may also pursue solicitation depending on the facts presented. As mentioned, under state law, anyone above sixteen will face prosecution in adult court. In addition, upon conviction for Exploitation of a Minor, the accused must register as a sex offender.
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