Sexting, Child Pornography and Felony Convictions
The push of a button is getting teens across the country into serious trouble. From Florida to California, sexting is turning a few moments of indiscretion into felony convictions.

January 14, 2010 /24-7PressRelease/ -- Sexting, Child Pornography and Felony Convictions

Article provided by the Southern California law offices of Takakjian, Sowers & Sitkoff LLP.
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Increased mobile phone use and the abundance of cell phones with enhanced media capabilities have had a major impact in at least two areas. The first is behind the wheel, where phones have been recognized as a serious threat to safety. Legislators in California have recently drawn attention to the dangers of cell phone use while driving.  

The second area is in the bedroom, or locker room, bathroom -- or just about anywhere, actually. That's the problem with so-called "SEXTING", the act of sending explicit photographs through text messages or using mobile devices. It's easy to snap some pictures, or shoot a brief video, and send them off without much thought.

Unfortunately, some teens and even adults may not be giving sexting a lot of thought; but authorities definitely are. In states across the country, errant pictures are landing people in hot water, or worse, jail.

In Pennsylvania last January, a couple of teenage girls were threatened with charges of distributing child pornography after a picture of them in their underwear ended up on classmates' cell phones.

An 18-year-old in Florida was sentenced to five years probation and is currently registered as a sex offender for sending a nude picture of his 16-year-old girlfriend to her friends and family after a fight. It was a picture she had sent him. This poorly thought out decision in the middle of the night made Phillip Alpert a convicted felon; anyone can find his name, photo and address in the state sex offender registry.

The question of underage teens and the exchange of explicit material surfaced on a slightly higher stage late last  year when racy photos and a sex video, featuring former Miss California, Carrie Prejean, appeared. Prejean claimed to have made the video when she was 17, which could have led to California child pornography charges.

Under California law, any person who knowingly distributes explicit images or video featuring a minor, with the "intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of that person or of a minor" could be found guilty of and imprisoned for distributing child pornography. Since Prejean shot the video and sent it to her boyfriend, under California's penal code, she could have been prosecuted.

In California, it doesn't matter who sends the pictures or video. This includes the minor. For example, under California law, if a 16-year-old girl sends nude images of herself to boy she likes, she could be found guilty of distributing child pornography.

And these sexting pictures are being sent.

According to a recent survey by The National Campaign to Prevent Teen and Unplanned Pregnancy and CosmoGirl.com, 20 percent of teens have posted or sent nude or semi-nude photos of themselves. In California, most of these sexters could be found guilty of distributing child pornography, finding themselves listed in California's sex offender registry -- just like Phillip Alpert in Florida.

Parents should be especially aware of what their children are doing with their cell phones. If you, or your teen, has been caught sexting and is facing charges in Los Angeles County or Orange County, California, please contact an experienced sex offense defense attorney immediately.

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