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Sexting

A minor commits the offense of sexting if he or she knowingly uses a computer, or any other device capable of electronic data transmission or distribution, to transmit or distribute to another minor any photograph or video of any person which depicts nudity that is harmful to minors.

Possesses a photograph or video of any person that was transmitted or distributed by another minor which depicts nudity and is harmful to minors.

A minor who violates this subsection commits a noncriminal violation for a first violation, punishable by 8 hours of community service or, if ordered by the court in lieu of community service, a $60 fine. The court may also order the minor to participate in suitable training or instruction in lieu of, or in addition to, community service or a fine.

A minor who violates this subsection after being found to have committed a noncriminal violation for sexting commits a first-degree misdemeanor punishable by 1 year jail and a $1,000.00.

A minor who violates this subsection after being found to have committed a misdemeanor violation for sexting commits third-degree felony punishable by 5 years in prison and a $5,000.00.

A minor does not violate this paragraph if the minor did not solicit the photograph or video, the minor took reasonable steps to report the photograph or video to the minor's legal guardian or to a school or law enforcement official, the minor did not transmit or distribute the photograph or video to a third party.

The transmission or distribution of multiple photographs or videos is a single crime if the photographs or videos were transmitted or distributed within the same 24-hour period.

The possession of multiple photographs or videos that were transmitted or distributed by a minor is a single crime if the photographs or videos were transmitted or distributed by a minor in the same 24-hour period.

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John P. Rutkowski, criminal defense attorney, is focused on all aspects, Criminal Defense, Criminal Appeals, Driving Under the Influence and Traffic law. Contact us today to schedule an initial consultation.

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