What the Law Says About Teen Sexting

Sexting is a direct, flirtatious text message indicating your desire and attraction for someone. According to studies, sexting can actually be healthy for a relationship—but alas, this isn’t always the case. In fact, sexting can land someone in some hot water, depending on who the message is to. Last year, a 17-year old student athlete from Louisiana was charged with child pornography for sexting with his 16-year old girlfriend.

Nevada Sexting Law

So what exactly does the law say about texting? NRS 200.737 is Nevada’s law against sexting by those under the age of 18. The law makes it unlawful for a minor to knowingly and willfully:

• Use a device to transmit or distribute a sexual image of themselves to another person;
• Use a device to transmit or distribute a sexual image of another minor; or
• Possess a sexual image that was transmitted or distributed as described above.

If a teenager is charged with possessing a sexual image they received, they can defend themselves by asserting that they did not request the image, never shared it, and destroyed it shortly after receiving it or called the police.

Penalties for Teen Sexting

Before this law, teenagers could only be charged with sexting under Nevada’s child pornography laws, which levied very harsh and unfair consequences. With NRS 200.737, a minor convicted for the first time of sexting images of themselves may be subject to community service or a fine. A second conviction could potentially carry up to a 6 month sentence in a juvenile detention facility.

Defense

According to the Nevada sexting statute, a picture by itself is not enough proof to convict someone. Prosecutors need evidence that a teenager requested or solicited a sexual image. Without more, the state cannot prove their case.

If your child has been charged with a sexting offense, you need to contact our Las Vegas criminal defense attorneys at The Draskovich Law Group, Chtd. While the consequences of teen sexting are not as severe as they used to be, a conviction can nevertheless have serious and negative effects on a teenager’s life and future. When the stakes are high, you need compassionate and aggressive legal representation.