Couples have been sending each other nude pictures of themselves for years.
With the advent of the Internet and handheld cameras, it has become easier
than ever to send these photos. A 2015 study done by Druxel University
found that more than 80% of adults admitted to sexting within the previous
year. However, lately Texas has passed legislation restricting sex texting
(sexting) in certain cases.
The problem with sexting is the ease with which people can be exploited.
Most of the laws regarding sexting concern their relation to children.
Sexting is extremely common among teenagers, and if an adult is found with a teenage
nude photo, that can lead to a conviction of Possession or Promotion of
However, if all people involved are adults, the only charges people need
worry happen when the material is distributed. Unlawful Disclosure or
Promotion of Intimate Visual Material is a charge involving the illegal
disclosure of photographs or videos of a person engaged in sexual conduct
or with their intimate parts exposed without the consent of the person
depicted in the media. This act can also be called “revenge porn,”
and happens when the person in the photo or video has reasonable expectation
the material would remain private. Likewise, the person depicted could
be harmed because their identity is revealed through the disclosure. This
crime is a Class A misdemeanor.
Likewise, if your material somehow ends up in the hands of a minor, even
if the people involved were over the age of 18, this would be considered
the Sale, Distribution, or Display of Harmful Material to a Minor. Conviction
of this crime would be a Class A misdemeanor. If you used a minor to commit
the offense, it is then a 3rd-degree felony and will be punished more severely.
If you’ve been accused of one of these
sex crimes, make sure you’re represented by an experienced
Houston criminal defense attorney. The lawyers at
The Law Offices of Jed Silverman are award-winning advocates who are committed to protecting the rights
and freedom of our clients. Let us see what we can do for you and your case.
Contact us at (713) 597-2221 or fill out our online form to schedule your free consultation today.