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Is Sexting Illegal If You're Both Adults?


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 Child Pornography.

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.

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