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Questions in Texas “Sexting” Case

May 18, 2010

A teen in La Joya, TX  is was arrested on criminal child pornography charges for possession of a nude photo of another teen. He admitted to having the photos, and was found with suggesting pictures of several other girls.

According to the Brownsville Herald, the girl initially agreed to send the boy a topless photo of herself. But he then threatened to forward the photo to his friend if she didn’t send him a subsequent fully nude image.

These cases are considered surprisingly common, though they often don’t make news and may be dealt with in juvenile court.  But as we’ve noted before, Texas law has no provision for lesser charges, and is known to be tough on these offenses. Felony sex offenses in Texas are very serious crimes.

Since this case appears to involve coercions, it goes beyond an innocent but dumb sexting charge. If the girl had willingly send the photos, and not been threatened, you could make a case that felony sex offense charges would be completely inappropriate.

More typical sexting offenses involve willing parties, giving in to adolescent impulses and exploring sexuality.

In any case, it will be interesting to see how this case resolves, and if it raises the issue of future sexting laws reform in Texas.

Filed Under: criminal law, sex offenses Tagged With: sexting

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