Chatting sex California

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Sexting is generally legal under California law if it takes place between consenting adults. Sexting can lead to criminal chargeshowever, if one of the participants is a minoror if it takes the form of stalkingharassment or invasion of privacy. There are also a of other acts, associated with sexting, that can be charged as a crime.

Some of these include:. A violation of these laws can lead to either misdemeanor or felony charges. The punishment can be as great as custody in county jail or state prison. Note that sexting is sending and receiving sexual messages through technology like:.

The question of whether sexting is legal in the state of California depends on the facts of the case. Critical facts are if the sexting:. Sexting is legal in California if it is done between consenting adults. This includes adults sending each other:. Example: Nia and Jerome are married. Both are 33 years old.

Nia sends Jerome a suggestive photo and message in a social media DM — one day before leaving town on a romantic getaway. Jerome sends an equally suggestive text back. Here, Nia and Jerome are not Chatting sex California of a crime. They simply engaged in consensual sexting and they are both adults. These constitute the unlawful acts of sending material to a minor for purposes of seduction.

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She is 17 years old. Mark sends her a flirty one day and attaches a picture of his genitals. Here, Mark is guilty of a crime. Note that Mark would still be guilty of an offense even if Kim consented. It is an additional offense to save any explicit pictures of the minor gained via sexting.

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This amounts to the illegal possession of child pornography. Example: Mark and Colleen are co-workers in Los Angeles. Mark is jealous because Colleen got a big promotion that he wanted. Upset, he uses his cell phone to send her a string of texts with explicit photos of intimate body parts and lewd comments. Due to the text messaging of sexual images and comments, Mark is guilty of stalkingwhich punishes threatening and harassing behavior. Sexting with a minor is a crime and can result in a prison sentence if convicted.

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Sharing explicit texts or images with a minor is most often charged as a violation of PC This statute makes it a crime for a person to send explicit matter to a minor with the intent of:. Prosecutors bring charges under PC m if the sexts are intended to annoy the recipient. The criminal law penalties for illegal sexting depend on how the crime gets charged. In general, though, these offenses can get charged under the California Penal Code as either:. A wobbler is a crime that a prosecutor can charge as either a misdemeanor or a felony.

Note that teens charged in Juvenile Court may be sentenced Chatting sex California counseling, curfews, and community service. Also note that sexting victims may also be able to bring civil lawsuits against the alleged perpetrator for emotional distress and other damages. A prosecutor will charge a sexting case as a misdemeanor if it in a violation of PC m.

This code section relates to annoying texts. If sexting is charged under any other statute than PC m, then it is a wobbler. A prosecutor will charge it as either a misdemeanor or a felony depending on:. Our California state criminal defense lawyers offer free consultations and legal advice. Contact our law firm to discuss creating an attorney-client relationship.

See our related articles on sex crimesrevenge porn PC j4and sex offender registration.

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Updated August 17, Sexting is generally legal under California law if it takes place between consenting adults. Sexting can lead to criminal charges, however, if one of the participants is a minor, or if it takes the form of stalking, harassment or invasion of privacy. Some of Please attach copies of any citations or booking documents.

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Attach another file if needed. Some of these include: saving nude images of a minor, gathered via sexting, to a smartphone or computer, and sexting to annoy, threaten, or harass a person. Illegal sexting, and associated acts, can be charged under such California statutes as: Penal Code Note that sexting is sending and receiving sexual messages through technology like: a smartphone, an app,or a webcam. Our California criminal defense attorneys will highlight the following in this article: 1. Is sexting legal in California?

Consenting adults 1.

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Minors 1. Saving images of a minor 1. Sexting to annoy, harass, or threaten 2. What potential charges can result from illegal sexting? Harmful matter sent to seduce a minor — PC Child pornography — PC 2. Annoying phone calls — PC m 2. Stalking — PC What are the potential penalties? Misdemeanor offenses 3. Wobbler offenses Sexting is legal in California if it is done between consenting adults. Contact Our Firm We usually respond in 5 minutes.

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California Sexting Laws for Teens and Minors