Law Offices of Christie A. Leary P.C.

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Fairfax/Manassas Criminal & Personal Injury Blog

“Sexting” is a word that had yet to be invented several years ago. Since the practice began, it has evolved into a cultural phenomenon. In addition, it has evolved into a crime under certain circumstances. Not all sexting behaviors are criminal. If you and your spouse wish to sext, you have every right to. Similarly, if you are an adult, you may generally sext any other consensual adult who has the mental capacity to consent.

Of course, some exceptions to this rule apply. For example, you may be charged with a sex offense if you believe that you are sexting an adult who turns out to be a minor. Similarly, you may be charged with criminal sexting or with harassment if you sext one of your coworkers whom you manage. It therefore pays to be careful when you are sexting as failure to do so may lead to challenging consequences.

If you are charged with criminal sexting, it is important to speak with a criminal attorney experienced in such matters. The law related to this subject is continuing to evolve. Therefore an attorney with experience defending those charged with sexting will likely be able to navigate this evolution better than you would if you represented yourself.

In addition, an attorney should be able to advise you on matters including how to speak to the police in honest ways about your private life without making the situation worse. Sometimes even a single poor phrasing can mean the difference between dismissal of certain charges and a conviction.

Source: Findlaw Blotter, “Criminal Sexting Investigations: 3 Things to Expect,” Daniel Taylor, July 9, 2014

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