Part three: Teen Sexting…What it is, Who is Doing it, and Legal Ramifications
In part one and two of our article Teen Sexting…What it is, Who is Doing it, and Legal Ramifications we have discussed what ‘sexting’ is, how many individuals it does affect and the personal consequences of these actions. In part three we are going to discuss the legal ramifications of send and receiving ‘sext’ messages and/or images.
As we discussed in part one of our series, ‘Sexting’ is the sending and/or receiving of sexually explicit or sexually suggestive images, messages, or videos via a cellphone, tablet, computer or the internet.
Some examples of sexting include sending and receiving:
• nude or nearly nude photos or “selfies”
• videos that show nudity, sex acts, or simulated sex acts
• messages that propose sex or refer to sex acts
• messages that combine all of the above
When sexting involves naked or sexual photos of children younger than 18, the images are considered child pornography and people, even teenagers, sending and receiving such images can be prosecuted and convicted for serious crimes.
Child Pornography and Legal Ramifications
Possession of child pornography is any naked and/or suggestive images or videos of a child (a person younger than 18) or a portrayal of a child engaged in any sexual conduct, is a serious crime under Missouri Law. A person who distributes and/or supplies these naked or sexual images of a child may also be found guilty of the crime of promoting child pornography. For example, a teenager that has naked images of others under 18 on their cellphones could face charges for possessing child pornography. If they share those images by texting them to their friends or posting them to the internet, they could also be charged with promoting child pornography.
Making child pornography is a crime known as sexual exploitation of a minor under Missouri’s laws. An individual commits this crime by producing or making sexually explicit materials, such as a video or photograph featuring a child. So if a 19 year old teenager convinces his/her 16-year-old significant other to allow them to make a video of their intimate activities they could be convicted of sexual exploitation of a minor. Under Missouri law, it’s also a crime for people to expose themselves to children or to persuade children to expose themselves for sexual purposes. The crime may be committed in person or by other means such as an internet chat room. For example, a person who coaxes a 14-year-old boy to expose his genitals during a video chat could be convicted under this law.
There are two statutes that are very important to keep in mind.
According to Missouri Statute Chapter 573 Pornography and Related Offenses Possession of child pornography, penalty is:
573.037. 1. A person commits the offense of possession of child pornography if such person knowingly or recklessly possesses any child pornography of a minor less than eighteen years old or obscene material portraying what appears to be a minor less than eighteen years old.
2. The offense of possession of child pornography is a class C felony if the person possesses one still image of child pornography or one obscene still image. The offense of possession of child pornography is a class B felony if the person:
(1) Possesses:
(a) More than twenty still images of child pornography; or
(b) More than twenty obscene still images; or
(c) Child pornography comprised of one motion picture, film, videotape, videotape production, or other moving image; or
(d) Obscene material comprised of one motion picture, film, videotape production, or other moving image; or
(2) Has previously pleaded guilty to or has been found guilty of an offense under this section.
3. A person who has committed the offense of possession of child pornography is subject to separate punishments for each item of child pornography or obscene material possessed by the person.
AND
Missouri Revised Statutes Chapter 573 Pornography and Related Offenses regarding Furnishing pornographic materials to minors:
573.040. 1. A person commits the crime of furnishing pornographic material to minors if he or she:
(1) Furnishes any material pornographic for minors, knowing that the person to whom it is furnished is a minor or acting in reckless disregard of the likelihood that such person is a minor; or
(2) Produces, presents, directs or participates in any performance pornographic for minors that is furnished to a minor knowing that any person viewing such performance is a minor or acting in reckless disregard of the likelihood that a minor is viewing the performance; or
(3) Furnishes, produces, presents, directs, participates in any performance or otherwise makes available material that is pornographic for minors via computer, electronic transfer, internet or computer network if the person made the matter available to a specific individual known by the defendant to be a minor.
2. It is not an affirmative defense to a prosecution for a violation of this section that the person being furnished the pornographic material is a peace officer masquerading as a minor.
3. Furnishing pornographic material to minors or attempting to furnish pornographic material to minors is a class A misdemeanor unless the person has pleaded guilty to or has been found guilty of an offense committed at a different time pursuant to this chapter, chapter 566 or chapter 568, in which case it is a class D felony.
Below we have also included some very important links to the Missouri Legal Statutes with regards to what child pornography is, who is considered a minor, penalties for production and/or distribution of child pornography and what the penalties and legal ramifications may be if you are charged with any of these crimes.
Promoting obscenity in the first degree
Promoting child pornography in the first degree
Promoting obscenity in the second degree
Promoting child pornography in the second degree
Possession of child pornography, penalty
Furnishing pornographic materials to minors
Public display of explicit sexual material
Coercing acceptance of obscene material
Telephones, obscene or indecent commercial messages, direct or electronic recording, penalties, exceptions
Promoting sexual performance by a child–penalties
Failure to report child pornography–penalty
If you or a loved one feels they may need legal help with regards to these messages sent or received, please call 636-896-4020 for one of our Award-Winning Attorneys at Boehmer Law. Your first consultation is free and we will review your case with you and discuss the best course of action. You may also check out our website at www.boehmerlaw.com
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