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Detroit Legal Blog

How Can I Fight a Criminal Charge After Sexting?

Oct 14, 2016, by Maurice Davis in Criminal Defense, Legal Blog, Sex Crimes

In recent years, technology has made its way into every facet of our lives. Most of us use computers and smartphones at work, to do business, to keep up with friends, to enjoy our hobbies, and even to engage with romantic partners. Nowadays, a good amount of courting takes place through SMS, Facebook, Whatsapp, and Snapchat messaging. It’s a flexible and convenient way to stay in touch and to get to know someone—but if you take it too far you could land in jail.

Many people engage in so-called “sexting,” which involves sending sexually explicit messages to others. This may constitute criminal behavior when one or more of the people involved are minors. It’s a common occurrence: recent studies show that around 20% of teens in America have sent or received as nude or semi-nude photos.

To avoid the jail, fines, and the embarrassment of registering as a sex offender, you should contact our skilled sex crime lawyers with Davis Law Group if you are charged with criminal sexting.

What Are the Michigan Laws Against Sexting?

Since Michigan doesn’t have specific laws against texting, criminal sexting is prosecuted under its child pornography or cyber bullying laws. Under the Michigan Penal Code section 750.145c, it’s illegal to knowingly possess or distribute child pornography, which is defined as any image or video of a person under 18 who is nude or performing a sexual activity.

Possession or distribution of child pornography is a felony level offense involving significant time in prison and hefty fines. Also, anyone convicted of this crime must register as a sex offender, which means providing a local law enforcement agency with:

– Fingerprints
– Online IDs for email and messaging services
– Employment information
– Vehicle registration
– Proof of residence
– Photographs

When a minor is charged with child pornography because of sexting, the penalties will still be harsh and your child could face punishment under the referenced statutes.

How Can a Lawyer Help?

If you’ve been charged with illegal or explicit sexting with minors, your freedom, reputation, and finances are all in jeopardy. To avoid the harsh consequences of a conviction, you’ll need to retain the best legal representation possible. Attorney Maurice Davis has built his reputation on helping clients obtain good case outcomes when facing serious criminal charges in Michigan.

Our goal is to ensure that your rights are respected at every stage of the criminal justice process and to make sure that your side of the story gets heard. We will carefully overview the prosecution’s evidence and determine what can be excluded from the case. Then, we will focus on how to show that there is a reasonable doubt as to whether you knowingly or maliciously sent or received inappropriate images.

Every case is different, so to learn more about how we can help, call us today at (313) 818-3238 or online for a free and confidential consultation of your case.