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Sexting Laws for Teens and Minors in Indiana

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One of the most recent advents of technology is sexting. People may send nude or sexually explicit photos or images as a way of being risqué or keeping passion alive in their relationships. However, these acts may be illegal, depending on the circumstances. The Criminal Defense Team of Baldwin Perry & Wiley P.C. provides dedicated criminal defense to individuals facing various sex crime violations, including sexting or solicitation.

What Is Sexting?

Sexting involves using electronic communications technology such as texting and social media messages to send or receive sexually explicit or nude images or videos.

Is Sexting Illegal in Indiana?

Whether sexting is illegal in Indiana generally depends on the ages of the parties involved. When two adults are sexting, the act is commonly legal, so long as they are not sending sexually explicit materials that depict minors and the acts are consensual. For example, if one of the parties is mentally incapacitated and does not understand the nature of the acts or only sends the materials because the other party is threatening them, the acts can be illegal.

Sexting is illegal when it involves minors – even when it’s consensual. If both parties are underage, it is illegal for either of them to send sexual pictures to the other – even if they are sending pictures of themselves. When the minors are close in age and in an ongoing personal relationship, it is considered a misdemeanor offense.

When one of the parties is a minor under the age of 18 and the other is an adult, sexting by an adult can lead to felony charges. It is also a felony to send sexual images depicting a minor under 12. A conviction can result in the requirement to register as a sex offender. If you are being charged with sex offender charges, contact our sex crime attorney in Indianapolis today.

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What Is the Rome and Juliet Defense in Sexting?

Indiana recognizes a Romeo and Juliet defense when illegal sexting occurs between a young adult and a minor. You may be able to raise this defense if all of the following apply:

  • The defendant is 21 or younger.
  • The person receiving or being depicted in the message consented.
  • The person involved is close in age to the defendant.
  • The defendant and person involved are in an ongoing relationship.
  • The image was not sent to anyone other than the sender, receiver, and person in the image.
  • The image was not sent in violation of a protective order.

Sex with a minor is illegal, including solicitation of sex. Consent by the minor in the sexual act is no defense, and the Romeo and Juliet defense does not apply to those cases.

Contact The Criminal Defense Team for a Free Consultation

If you or your child is accused of violating Indiana sexting laws, it’s crucial that you work with an experienced Indianapolis criminal defense lawyer. The board-certified attorneys at The Criminal Defense Team can mount a strong defense on your behalf. Call us at (317) 678-9853 to schedule a free case consultation.