Can Someone Face Charges if Images Were Shared Via Text or Social Media?

What are you texting your friends? What types of pictures are you posting online? Are you sharing anything that is sexually explicit?

If so, you need to be mindful of possible illegal activity. Sending images of minors engaging in sexually explicit content can be considered child pornography, which is a serious crime. Even if you do not post the images online, you can still get into trouble.

Even if you share nude photos of adults, you could still face criminal charges. Sharing intimate images or videos of someone without their consent violates their privacy and can be illegal.

The focus is consent. Consent is a clear, voluntary agreement to share intimate images or videos. Simply agreeing to have an image taken, or sending a private image of yourself to someone, does not mean you have agreed to let others view or share it. Under 15 U.S.C. § 6851, a person can file a civil lawsuit in federal court against anyone who shares explicit photos, videos, or other depictions without consent.

Sharing sexually explicit photos of someone without their consent can also be a form of cyberbullying. Cyberbullying involves the use of digital devices to intentionally and repeatedly harass, threaten, or humiliate others. It is harmful because it causes intense emotional, mental, and sometimes physical distress, leading to isolation or fear. Cyberbullying can happen in many ways but may include posting embarrassing photos or videos. Severe cases, such as sharing intimate images without consent, can lead to fines and criminal charges.

What About Sexting?

Many people engage in sexting, which involves texting sexy images of themselves. They may send nude images to a partner. When sexting happens among adults, it is generally not a crime. However, when minors are involved, it is illegal, even if all the parties involved are minors.

Under 18 U.S. Code § 1466A, it is illegal to use a computer or other device to send or receive child pornography or any image or depiction of a minor engaged in sexually explicit conduct.

Under New Jersey law (N.J.S.A. 2C:24-4), sexual images of anyone under the age of 18 are considered child pornography. Those who create or distribute these types of images can be charged with a felony.

However, the state recognizes that teens often engage in this behavior without realizing the consequences. There is a law allowing for a diversionary program for first-time offenders. Instead of criminal prosecution, minors may be ordered to participate in counseling or educational programs.

Contact Us Today

What you do online can have lifelong negative effects. It is important to put some thought into what you text, email, or post online, as sending child porn or other sexually explicit pictures could lead to felony charges.

Arrested? Facing charges? You need to act quickly. A New Jersey criminal defense lawyer from The Law Offices of Christopher St. John is here to defend you. To schedule a consultation with our office, contact us via (856) 716-5427 or online here.