Can a child get in trouble for sending dirty pictures? Here’s what you need to know.

Child pornography is any image that depicts a minor engaged in sexual activity or that is sexually suggestive. Sharing such images is a crime in many jurisdictions and can result in severe penalties, including jail time.

Surveys show nearly one in four young people have shared images that fit this description of themselves online. The study, conducted by the cyberbullying research center Ditch the Label, also found that one in seven young people have had someone threaten to share an inappropriate photo of them.

It’s no wonder parents are concerned. In addition to their safety, there are also legal concerns.

Generally speaking, it’s not illegal for someone to share an inappropriate photo of themselves – so-called selfies.

However, there are some exceptions to this rule.

For example, if the subject of the photo is a minor the content becomes child pornography, which is illegal to possess and/or share.

Also, the court considers photos taken without a subject’s awareness or consent pornographic. You can face criminal charges for sharing possessing or sharing photos like this.

Additionally, if the photo was shared in a way that could embarrass or humiliate the subject, then there could also be legal repercussions.

For instance, if the photo was shared on a social media site like Facebook, a defamation lawsuit is possible.

Colorado Laws

Colorado has a specific statute for minor “sexting.”

The 2018 law created a tiered approach, separating abusive forms of sexting (such as malicious distribution) from consensual electronic exchange of explicit images. This means the court takes the defendant’s intentions into account.

Prior to this law, the only option was to charge a minor involved in sexting with a felony.

Felony charges are still possible under the new law if there are aggravating circumstances. However, according to the law, juveniles MAY NOT be charged with felony exploitation if their conduct is limited to the elements of petty offense (possession) or civil infraction (exchange) under this law.

You can learn more about Colorado’s sexting law here.

Self-Created Pornography Exceptions

At the federal level, the reason why your child is unlikely to face arrest for sharing pictures of themselves is because of a concept called the “self-created child pornography exception.” These legal exceptions apply to images that are created by minors themselves.

In other words, if your child takes a nude or semi-nude picture of themselves, they’re less likely to face charges of possessing or distributing child pornography. But it’s not impossible.

This exception doesn’t mean that your child won’t get in trouble for sharing nude or semi-nude pictures of themselves. They could still face disciplinary action from their school or other consequences from their parents. The person to whom they sent those images, even if that person is also a minor, could also get into trouble.

Remember, laws frequently change. And in the case of child pornography, lawmakers are erring on the side of restriction. The trend is toward broader definitions of child pornography with increased prosecutions and harsher penalties.

What to Do If Your Child Sends Inappropriate Pictures

If you’re concerned about your children sharing nude or semi-nude photos of themselves, the best thing you can do is talk to them about the risks. Explain to them that it’s a bad idea. Even if legal problems don’t arise, they face other risks associated with sharing these kinds of images.

For example, someone could share their pictures without their consent or they could be subjected to cyberbullying.

If you think your child has shared nude or semi-nude pictures of themselves, you can talk to a lawyer to get more information about your legal options. This is especially true if law enforcement launches an investigation.

An experienced attorney can help you understand any charges your child is facing and the potential consequences of those charges. They can also help you navigate the legal process and protect your child’s rights.

Can a child get in trouble for sending dirty pictures?

Was your child accused of doing so?

It’s important that you not speak to law enforcement without first consulting an attorney. For more information or to schedule an appointment, contact David Lindsey.

If you’re a part of the latter group, you don’t need to worry. But if you’re in the former, there could be cause for concern, depending on the content and recipient of your messages.

For those who don’t know, a “sext” is a text message containing sexually suggestive or graphic material. In many cases, sexts include nude or erotic photographs of the sender. These messages are a techno way to flirt (or harass) taken to the absolute extreme, and the practice has been popular among people of all ages since text messaging on mobile telephones became possible.

For many, sexting is nothing more than keeping the spark alive in their committed relationship. It’s risky, but since you’re doing it with a spouse or long-term love interest, there’s a good chance nothing will ever come of it.

But for others, sexting has ended careers and marriages, brought them great embarrassment, and even resulted in criminal charges.

What turns sexting into a crime?

Much of it depends on the ages of those participating and the type of message being sent.

Sexting Involves the Distribution of Pornographic Materials

You might not think of the photo you send to a friend or loved one is all that problematic. And chances are it won’t be – unless the photo includes pornographic material. Once you transmit a photo that is of you or anyone else without clothing on, you’ve essentially distributed porn.

To learn more about what is legally defined as pornographic, check out this page.

Most people don’t take their sexts all that seriously, but this is one of the reasons it’s so important to consider what you’re doing before you do it when it comes to messaging. Even via text, these messages aren’t 100 percent private, and if the person to whom you’re sending a message chooses to betray your trust, there’s little you can do to protect your privacy. (Revenge porn is being addressed legally, but the laws are still evolving and even the best law in the world does nothing to protect you if it’s ignored.)

Is Sexting Illegal in Colorado?

The good news is sexting, in general, isn’t necessarily illegal – as long as the sender and recipient consent to participating in the exchange and the photo contained in the exchange is of someone over the age of consent.

Sexting becomes criminal when there is someone underage involved.

Colorado does not have a separate law to address sexting between minors, which means any message sent that contains an image of someone underage, even if the sender and/or recipient are underage, is considered no different than if the sender were an adult.

If a teenager is caught creating, distributing, or possessing pornographic images of a minor (even if it’s him or herself) it is a felony. Something that seems relatively innocent (or at least not a predatory adult sending child pornography files) will actually be charged as sexual exploitation of a minor.

Obviously, if it is an adult sending or receiving nude or suggestively suggestive photos of a minor via text or any other electronic transmission, it’s easy to understand why he or she would be guilty of a crime.

But what about teens exchanging messages with one another?

Let’s say your daughter is 15 and sends a photo of herself to her 16-year-old boyfriend. This can still result in felony charges. Furthermore, because you likely own the device on which the sext was sent and you’re responsible for your child’s actions, you too could be held legally accountable and charged with both state and federal crimes.

The penalties for sexting are severe. Juveniles can expect to go through the juvenile justice process, which can ultimately reduce the penalty to house arrest, probation, or a fine, depending on the circumstances. An adult receiving or distributing sexual images of a child can expect to spend at least a year in prison and pay up to $750,000 in fines.

Is It Illegal to Sext?

The bottom line when it comes to sexting?

It’s risky no matter who’s involved.

Even if you are an adult in a committed relationship with another adult and you both agree that exchanging explicit images is fine, you’re taking a risk with your privacy. And if you’re sending images to someone without his or her consent, or you’re interacting with a child or the subject of the photo is a child, you’re breaking the law, even if you’re the child sending pictures of yourself.

If you’ve been accused of sexting crimes, you need the support and guidance of an experienced attorney. To learn more, contact David Lindsey to schedule a free consultation.