Sexting is a modern phenomenon that our grandparents would have never imagined. Sexting occurs when someone sends material which is sexual in nature via a cell phone text to someone elses cell phone. Although high school kids might think that sending a racy photo is just done for fun, that simple act can have very serious consequences. Many states, including Texas, have begun prosecuting senders and recipients of these sexts in criminal court.
A 16 year-old girl who sends a nude picture of herself to her boyfriends cell phone can be charged with distribution of child pornography, while the boyfriend who receives the sext can be charged with possession of child pornography.
According to the Texas Penal Code Section 43.26, a person commits the offense of possession of child pornography if the person knowingly or intentionally possesses visual material that visually depicts a child younger than 18 years of age at the time the image of the child was made who is engaging in sexual conduct, and the person knows that the material depicts the child.
If you need a criminal defense attorney that can handle cases such as these, contact Scheiner Law Group, P.C.