Defending The Rights Of You And Your Family

Is it illegal to send or receive explicit pictures?

Phones have made it easier than ever to take and send photos. One way that couples sometimes use this technology is to send explicit pictures to one another.

They may understandably not want a third party to see these pictures, but is it illegal to send such pictures to each other?

Age is the biggest factor

In a general sense, no, this practice is not illegal. Age matters the most, as does consent. If both people are adults and have one another’s consent, regardless of the exact nature of their relationship, then there is nothing wrong with sending these photos

However, if the people in the pictures are minors, things can get very complicated and the law may very well be broken. Consent may not even matter to the law. Someone can get the consent of a minor and still be breaking the law by having explicit pictures of this person in their possession, or by sending pictures to them. Similarly, transmitting explicit photos to a minor is automatically illegal.

High school students who are dating may get themselves into compromising situations. Say that one student already turned 18, and the other did not. They are dating, they have consent, and they are in the same class in school. They don’t think of themselves as being of different ages, but the fact of the matter is that one is still a child and the other is a legal adult. This could lead to serious allegations of various sex crimes. 

Understanding the legal options

If you’re in this position or if you’re the parent of a child who is facing such allegations, a lot is at stake. You must know what legal options there are moving forward. Speaking with a criminal defense attorney is your first step.