Sending and receiving texts of a sexual nature seems like an innocent enough activity. Even when adults sext, it seems innocent. There is one instance in which sexting might not be as innocent as it seems. That instance is when minors are involved.
Some people might not realize that if you are caught sending, receiving or storing indecent pictures of minors on your phone, you can be charged with child pornography charges. While most places don't yet have actual criminal charges for sexting, there are laws on the books of all states that makes sexually explicit pictures of minors illegal for anyone to take, possess, share or receive.
It might shock some people to know that even minors can face child pornography charges if they are sexting other minors. This is because most laws don't specify an age at which the child pornography laws begin. Interestingly, minors can face charges if they are sending sexually explicit photos of themselves to other minors who are the same age or older.
Those who are involved in sexting should make sure that the people who they are sexting are actually adults and that all pictures that are exchanged are of adults. This is one way that you can ensure that you won't face child pornography charges over the sexts that you send and receive.
If you are facing child pornography charges, you need to start building your defense so that you have time to explore all the options you have available to you. These charges are very serious, so a defense that is thrown together at the last minute may not be one that is suitable.
Source: FindLaw, "Child Pornography and Selfies: What You Need to Know," accessed Feb. 19, 2016