What you need to know about cell phones to protect yourself and your family

“Selfies” and “Sexting,” terms that are spoken and exchanged on a daily basis with the younger crowd. For the uninitiated, a “selfie” is a self-portrait photograph that's often taken with a smartphone; “sexting” is sending sexually explicit text messages and/or nude photos between mobile phones.

The explosion of smartphones equipped with cameras and video capabilities has created endless opportunities for anyone to share nude self-portraits and text explicit sexual fantasies with whomever and whenever they want.

These emerging technologies are a natural fit for most teens and, typically, the worst offense they might commit is sharing too often. There is, however, the potential for criminal action and liability under child pornography laws when selfies and sexting involve underage nudity or sexually explicit situations.

With the proliferation of smartphone use, especially among teenagers, the practice of “sexting” and taking nude “selfies” has become commonplace.

Washington State Teen Sexting

Splashed across Seattle’s news headlines are an abundance of stories about cell phones that are used to send and receive explicit materials using texts, videos, social media networks and pornographic websites. Take for instance these top three:

“The visual depictions the Defendant distributed and received were produced using camera equipment, computers, cell phones, and storage media manufactured outside the State of Indiana. The production of the visual depictions involved the use of a minor engaging in sexually explicit conduct and the visual depictions were of a minor engaged in sexually explicit conduct.” – Fogle court documents obtained by Fox

“A Seattle anesthesiologist’s suspension to practice was indefinitely continued for repeatedly sexting during surgeries and engaging in sexual activity at his workplace, among other activities, according to the state Department of Health.” – seattlepi.com

“Police have launched an investigation into allegations of rampant ‘sexting’ - or texting of sexually explicit photos - among Bothell junior high school students. The oldest student involved appears to be 16. The girls who sent the nude photos were in the 7th, 8th, and 9th grades, stated Sgt. Ken Seuberlich of the Bothell police.” KOMO News

Since technology has developed much faster than state and federal legislation, crimes committed via smart phones and social media networks are often prosecuted by employing existing laws. Federal law defines child pornography as “any visual depiction of sexually explicit conduct involving a minor”, and the United States Department of Justice may prosecute these criminal offenses that occur across state or international boundaries and virtually any offense involving the Internet.

Federal charges do not have to be exclusive; a person may face criminal charges under both federal and Washington State child pornography laws.

Washington State punishes sexting involving teenagers under its laws against sexual exploitation of children. Washington State’s law against “communication with a minor for immoral purposes” includes sending sexual images of minors (individuals under the age of 18) in text messages.

Under current Washington law, 

“sexual exploitation of a minor,” makes it illegal for an adult to ask or force a minor to “sext” with that or another adult. (Wa. Rev. Code Ann. § 9.68A.040.)

The Penalties for Sexting in Washington State

In the state of Washington, “a person who communicates with a minor for immoral purposes using electronic format (sexting) is a class C felony. An adult who possesses or distributes sexting images of a minor is also guilty of a class C felony. Defendants guilty of these offenses may face a fine of up to $10,000, up to five years in prison, or both.” (Wa. Rev. Code Ann. §§ 9.68A.060, 9.68A.070.)

“Sexual exploitation of a minor is a class B felony”, and may incur a fine of up to $20,000, up to ten years in prison, or both.

Even though sexting between minors technically falls under one of the above crimes, due to the age factor, these offenses are handled through the juvenile court system and not the adult court system. Juvenile courts have broader discretion in the types of penalties imposed, even when a juvenile is charged with a serious crime.

Sex Offender Registration in Washington State

In light of recent cases, an adult that is convicted of an offense involving sexting with a minor could be required, in addition to a prison term and thousands of dollars in fines, to register as a sex offender. Although no convicted juveniles have had to register as sex offenders in the state of Washington, it is an area of the law that is still relatively new and constantly being updated as the technology of explicit “sexting” and “selfies” is advancing.

Any charges arising from minors that “sext” or send, receive or possess explicit “selfies” can result in some very severe consequences not only for themselves, but also for everyone else involved.

I've Been Arrested, Should I Hire a Lawyer?

Absolutely! If you’ve been arrested or charged with a sexting crime, it is crucial that you speak to an experienced Washington State criminal defense attorney. An experienced criminal defense lawyer can advise you of your defenses, your rights and represent you in court.

If You Have Been Arrested for Sexting or Other Sexual Crimes in Seattle, Contact the Experienced Criminal Defense Lawyers at Baker, Lewis, Schwisow & Laws

The expert defense team at Baker, Lewis, Schwisow & Laws, PLLC, vigorously defend the rights of individuals facing a multitude of charges in Seattle, Bellevue, and Kirkland. Contact us today at 206.209.0608 or fill out our online contact form to get more information or to get a free case review!