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Sexting among teens and tweens is a relatively new phenomenon, and many state legislatures are still trying to determine what to do about it. Because of this, laws concerning sexting vary widely. These can be nude or semi-nude images or just explicit texts. Typically, sexting occurs via text message, but any electronic transfer fits the definition — emailing, sending Instagram DMs, Snapchat selfies, and even TikTok messages. When sexting involves minors, it violates both state and federal child pornography laws. But these laws can be very broad.
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Teen Sexting in Pennsylvania

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on Pennsylvania’s Teen Sexting Laws

Sexting is a term that is new to the lexicon: prior to the arrival of cell phones and smart phones, the ability to send and receive photographs of a sexual nature, or that depict people who are nude or doing something indecent, simply did not exist. Now that the technology is widely available, it has led to widespread sharing of these types of photos and content, including among the young. In response, the state of Pennsylvania has established laws and penalties to prohibit this activity, and to punish those who engage in it. If your teen has been charged with the crime of teen sexting, then you need the legal guidance of the experienced lawyers at Erik B. Jensen Attorneys at Law. This represents a significant shift from the laws in place prior to , which would have held teens responsible for violations of child pornography laws, and which carried potential penalties that included jail time.
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When is Sexting a Crime?

By Ave Mince-Didier. Sexting is the sending of nude or suggestive photographs by text message, and, when teenagers do it, it can be illegal. Pennsylvania lawmakers have enacted a specific law that makes teen sexting a crime, but a less serious one than child pornography. However, depending on the circumstances, teen sexting could also be considered child pornography or obscenity. For more general information on sexting laws, see Teen Sexting.
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Transmission of sexually explicit images by minor. As part of the diversionary program, the magisterial district judge or any judicial authority with jurisdiction over the violation may order the person to participate in an educational program which includes the legal and nonlegal consequences of sharing sexually explicit images. If the person successfully completes the diversionary program, the person's records of the charge of violating subsection a shall be expunged as provided for under Pa. The term shall not include the accidental or inadvertent possession of such an image. The term shall not include the accidental or inadvertent viewing of such an image.
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