Understanding the Criminal Justice System
It’s not unusual to read in the news or popular tabloids about leaked messages involving celebrity couples or prominent politicians or businesspeople that include what many would consider to be lewd words or images. Popularly known as “sexting,” it’s defined as “the sending of sexually explicit messages or images by cell phone.” Generally speaking, when the messages are exchanged between consenting adults, there is nothing illegal about sexting when the images are of the adults themselves.
There are instances, however, when sexting can be a crime. When one of the recipients is a minor, and the other is an adult, the adult can face a number of charges depending on the age of the child and the content of the messages.
For example, in some cases, the adult could be charged with Inappropriate Communication With a Child, which can be a Class B misdemeanor, or a Class A misdemeanor if the adult uses “a computer network,” which includes the Internet. Inappropriate Communication With a Child involves communication between someone 18 and over and a child under the age of 14 “concerning sexual activity” and “with the intent to gratify the sexual desires” of the adult.
In another scenario, depending on the content of the sexting messages, the adult could be charged with Child Solicitation. This is a crime that can be charged if the adult “solicits a child” to “engage in sexual intercourse, other sexual conduct, or any fondling or touching” intended to arouse either the adult or the child, with the child being someone under the age of 14. Child solicitation can be a level 4 or 5 felony.
If the adult receives explicit images of a child under the age of 18, even if the child sent the images to the adult, the adult could face charges of Possession of Child Pornography, a level 5 or 6 felony, depending on the situation.
If you are facing criminal charges because of explicit messages you exchanged with anyone else, no matter what their actual age was, you are entitled to a strong and effective defense. At Razumich & Associates, we have years of experience protecting the rights of clients all across Indiana and defending them against criminal charges, including those relating to sexually explicit communications.
Call Razumich & Associates today at 317-983-5333 or use our contact form to schedule a consultation with one of our experienced criminal defense attorneys. You deserve a strong defense – let Razumich & Associates protect you!