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When done in the wrong circumstances, it can land you in hot water. If a sexual or suggestive picture of an adult is shared among consenting adults in the State of California, that is perfectly legal. However, generally speaking, it is illegal to electronically share sexual images of a person, taken without their knowledge or consent. Scenario 1.
Mary, 23, sends Pete, 25, a suggestive photo attached to a text message to celebrate their anniversary. This is legal. Scenario 2. Scenario 3. Mary is showering in a closed-door bathroom, where she feels she has a reasonable expectation of privacy. Without her knowledge, Pete surreptitiously cracks the door to the bathroom and films her.
This could be an invasion of privacy, a violation of PC j 1. In the first scenario above, all parties involved had reached the age of consent and had knowingly agreed to the photos being taken and shared. In Scenarios 2 and 3, the person being observed or photographed did not consent to the photos or video being taken. But what happens if someone agrees to have sexual images taken of them, but does not consent to sharing them? I found myself under false accusations and he really came through. I was really freaking out, and Robert was able to make me feel like I was in good hands.
Mary, 23, ends a romantic relationship with Pete, 25, and the breakup is acrimonious. Pete could be found guilty of a violation of PC j 4. Because this image does not depict a visible intimate body part or a person engaged in sexual intercourse, it cannot be revenge porn. This means that there is a lot of nuance into how they will be interpreted in a courtroom, and there is a lot of open room to mount legal defenses against this. Pete and Mary break up, and it is acrimonious. While sending an to his office, Pete accidentally sends a sexual image of Mary, named similarly to his intended image, to his coworkers.
Because Pete did not intentionally distribute that image, this might not be revenge porn. Unlawful peeking and invasion of privacy are typically prosecuted as misdemeanors within the State of California. This entails:. If the victim in the case was a minor, those penalties can double. Revenge porn is also treated as a misdemeanor for first-time offenders. Those penalties can double if you have been convicted once before of revenge porn or invasion of privacy, or if the subject in your photos is a minor. In this case, this would also qualify as child pornography , which carries the potential of ificantly harsher penalties.
In cases where both parties are under 18, state courts have been known to show some leniency. Two more situations:. Situation 1. Tonya, 16, sends Pete, 25, a nude photo of herself via text messaging, and Pete keeps it on his phone. This is a clear violation of PC , and Pete would likely be charged under those statutes. Situation 2. It is highly unlikely that both parties will be charged with possessing, distributing and production of child pornography.
Lastly, it is also illegal to send sexual images of a person older than 18 to someone younger than For an year-old sending sexually explicit photos of himself to a year-old, his text message could have life-altering repercussions. The maximum penalties for misdemeanor child pornography are:. If you are convicted of lewd acts upon a minor, your sentencing will be based on the facts of the case. Circumstances like age of the child, use of force and frequency of offence can determine the penalty:.
Call today at or toll-free at to schedule your free consultation. Table of Contents. Sexting among adults is legal in California, if it is consensual If a sexual or suggestive picture of an adult is shared among consenting adults in the State of California, that is perfectly legal.Lewd nudes
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