Sexting is an act that could result in a crime you could be charged with if done at the wrong time or with the wrong person. With sexting, you could be accused of harassment or pedophilia for sending illicit messages to others via your mobile device. You could have sent photos or texts, but whatever that data was, if it’s illicit and is harassing or going to a minor, you could be in trouble with the law. There are some defenses against a sexting harassment or child pornography charge, but the defense will depend on your situation.
Sexting implies that the image or text is sent by text message, but the truth is that any image-based or textual transmission over the computer, smart phone, cellphone or other device can be considered for a charge including sexting. While there is not actually a “sexting” charge, sexting can result in child pornography or harassment charges that can land you in hot water.
For example, if you were to send or receive an image of a child performing a sexual act, you could be accused of child pornography. If you send a nude image to a minor, you could be accused of solicitation of a minor.
To defend yourself, you’ll need to speak with your attorney about how you can best represent your case. First, can you prove that the person in the image or the person who sent the text wasn’t you? If so, you may be able to argue that you’ve been wrongfully accused. Can you prove that you sent a message to someone you thought was an adult but turned out to be a minor? If you didn’t know, then you could claim your innocence.
Source: FindLaw, “Sexting,” accessed Sep. 01, 2015