Sexual Charges and Sexting Laws in Texas
Protecting Rights, Defending Futures
In today’s digital age, teenagers and young adults often engage in communication that may unintentionally cross legal boundaries. Cases involving sexting, inappropriate images, or other sexual charges can have life-altering consequences, including criminal charges, fines, and a lasting impact on personal and professional opportunities.
As an experienced juvenile defense lawyer, Katy Boortz provides compassionate and strategic representation for young people facing these sensitive and complex cases.
Understanding Sexting and Related Offenses
Sexting involves sending, receiving, or sharing sexually explicit images or messages, often via text, email, or social media. While many young people see this as a private or harmless activity, Texas law takes a much stricter stance, especially when minors are involved. Common charges in these cases include:
Possession of Explicit Images of a Minor:
Possessing a sexually explicit image of a minor—even if sent consensually by another minor—can result in serious charges, including child pornography.Distribution of Explicit Images:
Sending or sharing explicit images of a minor is treated as an even more severe offense, with significant legal consequences.Solicitation of a Minor:
Asking for or attempting to obtain sexually explicit material from a minor can lead to criminal charges, regardless of whether the images were actually sent.Improper Relationship Between Educator and Student:
This offense applies to adults in positions of authority, such as teachers or coaches, who engage in inappropriate relationships with minors.
Potential Penalties for Sexting and Sexual Charges
The penalties for sexting and related offenses in Texas depend on the age of the individuals involved, the nature of the materials, and whether the images were distributed. Potential consequences include:
Criminal Charges:
Charges can range from misdemeanors to felonies, depending on the circumstances. Felony convictions may result in prison time and long-term registration as a sex offender.Fines and Restitution:
Defendants may face significant fines or be required to pay restitution to the victim.Juvenile Consequences:
For minors, cases are typically handled in juvenile court, which focuses on rehabilitation. However, severe cases can lead to detention, probation, or placement in a juvenile facility.Sex Offender Registration:
Some offenses may require registration as a sex offender, which can impact housing, employment, and social relationships for years to come.
Texas Sexting Laws for Minors
Texas recognizes that sexting among minors is a common issue and has enacted laws to address it differently than traditional criminal charges. For example:
- Deferred Prosecution Programs:
Some minors may qualify for programs that involve education and counseling in exchange for avoiding criminal charges. - Misdemeanor Charges:
In many cases, sexting by minors is treated as a misdemeanor instead of a felony, focusing on education and rehabilitation rather than punishment.
While these measures aim to reduce the severity of penalties for minors, the process can still be overwhelming and confusing without legal guidance.
Defense Strategies for Sexting and Sexual Charges
Every case is unique, and a strong defense strategy can make a significant difference in the outcome. Katy Boortz carefully examines the circumstances of each case to develop a tailored approach, which may include:
- Challenging Evidence:
Investigating whether the images or messages were sent or received without consent or were misidentified. - Proving Lack of Intent:
Demonstrating that the defendant did not knowingly or intentionally commit the alleged offense. - Negotiating Reduced Charges:
Advocating for alternative resolutions, such as education programs or deferred prosecution, especially for juvenile offenders. - Protecting Privacy:
Taking steps to limit the public exposure of sensitive details and protect the reputations of everyone involved.
Why Choose Katy Boortz?
Katy Boortz understands the sensitive nature of sexting and sexual charges and approaches these cases with compassion and discretion. Her focus is on minimizing the impact of these charges, protecting her clients’ rights, and helping them move forward with their lives.
If you or your child is facing sexting or sexual charges in Texas, don’t navigate this challenging process alone. Contact Katy Boortz today for a consultation and take the first step toward a strong defense.