Teenage romance has evolved with the coming of the digital age. Nowadays, one of the most common forms of flirting is “sexting,” which is defined as sending sexually graphic images or text messages—often through cell phone.
But when a relationship ends, the bitter ex may attempt to damage the other person’s reputation in school and the community, causing lasting embarrassment and shame. This practice is commonly known as “revenge porn.”
While other states have laws against sexting among teenagers, Ohio has yet to pass such a law. Instead, sexting between children under 18 years old is prosecuted under the state’s child pornography laws.
In Ohio, it is against the law to create, reproduce, possess, purchase, or distribute any sexual or obscene material involving children. In addition, a person cannot record, photograph, transfer, or view an image of a nude minor—without consent from the minor’s parents for religious, educational, or proper reasons.
Photographing or recording sexual images of minors is a second-degree felony, which carries a maximum eight-year prison term and a fine not exceeding $15,000. Possession of child pornography is a fourth-degree felony, punishable by a maximum 18-month prison sentence and a fine no more than $5,000.
The juvenile court system may handle sexting cases, giving judges more discretion in sentencing. Rather than serving jail time, a juvenile could enroll in a diversion program to avoid criminal conviction or registration as a sex offender.
However, it is possible minors who are 16 or 17 years old could be charged as an adult, depending on the circumstances of the case.
If you or your child has been charged with child pornography in Dayton due to sexting, contact L. Patrick Mulligan & Associates, LLC today at (937) 685-7006 and schedule a free case evaluation.