Easy digital communication has opened up a variety of ways for people to stay in touch. In some cases, it facilitates the exchange of intimate photos and videos, which is known as sexting. As long as both parties are adults and sharing images of themselves, there shouldn’t be a problem.
There are limited times when sexting can lead to criminal charges. Because of this, it’s critical for everyone who’s sexting to understand where the lines are drawn.
Age matters
West Virginia Code § 61-8-28a addresses sexting involving minors. It’s illegal for anyone under 18 to distribute, possess or create images that are sexual in nature of themselves or of other minors. This means that even teens who are in a relationship with each other could face criminal charges if they share sexually explicit images or videos.
Adults can’t share, take or possess sexually explicit images or videos of anyone who is a minor. Sexting images or videos that include minors in sexual situations can lead to child pornography charges.
Motive matters
Another factor that has a role in these cases is who’s in the sexually explicit image or video. People who share images of another person as a way to get revenge on them can face criminal charges. This is known as revenge porn, and it is illegal in West Virginia.
Charges related to sexting should be taken seriously, particularly if they involve minors. These charges can have considerable sentences, and the collateral consequences can be just as serious. It’s best if anyone who’s in this position thinks about their options in a logical manner and with consideration of the long-term effects it can have on the rest of their life. Working with someone familiar with these matters may be beneficial since they can assist with determining the defense strategy.
