Virginia Sexting Law – Is there any?
According to the laws, there are no such thing as sexting defined by the code of Virginia in books. Although, there are laws which include solicitation and pornographic material which include all age groups. There are strict laws for the child pornography and solicitation with a minor. Sexting has different levels. If a person is sexting and start solicitation, then the code of Virginia can start investigating the person under solicitation charge. In such situations, solicitation is the crime which occurs most where an individual asks for an explicit picture. So, there will be solicitation charges instead of sexting or any other charges. Solicitation with a minor is a crime under child pornography law which has very serious penalties and sentencing. Solicitation with a minor is a felony criminal charge under the laws of Virginia. Penalties are so harsh even if an individual has convicted the crime for the first time in his life. Sentencing can go up to a maximum of ten years for first-time conviction and if there subsequent activities involving child pornography or solicitation then it can take your whole life to prison. Fines are as harsh as sentencing. It can go up to $25,000 maximum or depends on the Court if they are going to order for more.
Sexting – legal or illegal?
As it is confirmed that there are no laws which define sexting as illegal, a person can do it. Make sure that it isn’t something which one should do proudly or keep his head high. If anywhere in the sexting conversation, the element of solicitation is found, then there can be heavy penalties, and if it includes a child or anyone who is under 18, then there will be child solicitation charges. The law enforcement agencies of Virginia act very strictly when there is a child involved in such acts, and sometimes the case can go to the Federal court as well, which means that you will have to hire a federal lawyer. No state lawyer will be able to present themselves in the Federal court as it is a whole different experience compared to the district and state courts. Having no records in State laws, people often think that there are no laws for sexting in Federal law either. In different situations, sexting can be counted as federal law. Following are the criminal codes and the Federal law defining if sexting can be counted as federal law or not:
Federal law also criminalizes causing a minor to take part in sexually explicit conduct to visually depict that conduct. Parents who allow this behavior can also be prosecuted. (18 U.S.C. § 2251.)
But the federal prosecution of juveniles for sexting may be unlikely. The Federal Juvenile Delinquency Act (FJDA) generally provides that, where possible, juveniles should be prosecuted in the state—not federal—courts. (18 U.S.C. § 5032.)
In any case where child pornography or child solicitation is involved, or even when you are accused of sexting which isn’t a crime, then you need to reach out to a lawyer. Enquiring about your case and consultation is always free. Know about your case, know about the laws which you are going to be charged with. Even if you have already convicted of the crime, you can still hire a lawyer and change the scenario by fighting for it and your right.