Is sexting illegal in Alabama?
Yes. Alabama does not have a specific law that speaks directly to “sexting” there are a number of Alabama laws that address and criminalize the various acts that can be involved in sexting.
The application of these laws and the punishments involved vary depending upon the nature and ages of the parties as well as what specifically occurred in the case.
When the sexting occurs among minors the case will be brought before a juvenile court and the consequences are typically far less serious under the circumstances.
If an adult sends obscene material to an underage person they could be charged with the crime of sending obscene materials to a minor. For this crime to be committed there must be two elements met:
The first is that the person electronically transmits obscene materials to a minor; the second element is that this has been done for the purpose of initiating or engaging in sexual acts with the minor.
By way of example, if an 18-year-old sends a picture of his privates to a 14-year-old girl in order to try to have her engage in some form of sexual activity with him, he could be prosecuted under this law.
If he was convicted as an adult's range of punishment would be from 2 to 20 years in prison and Alabama's sex offender and registration laws apply to someone convicted of this crime.
This is not the only law that can apply when an adult sends obscene materials to a minor; that a person can find themselves facing prosecution for a number of other criminal offenses under our laws.
What about the situation when an adult receives obscene materials transmitted by a minor to them? Say 18-year-old is dating a 16-year-old girl. He asks her to send him some naked selfies. If she complies, then he could face prosecution for possession of obscene materials. If he is convicted as an adult, his f punishment could be from one year and a day to 10 years in prison and he would be subject to Alabama's laws pertaining to sex offenders.
Should the same young man has forwarded the photos to his friends, he could be charged with the dissemination of obscene material which is a more serious crime. If you found guilty of this crime is an adult's range of punishment would be from 2 to 20 years in prison and, once again, he would be subject to Alabama's sex offender registration and notification laws
In addition to prosecution by the state of Alabama, it is possible that under certain circumstances the federal government could pursue charges.
The best way of avoiding prosecution is not to do anything that could subject you to these various laws. However, if you or someone you know is unfortunate enough to be charged with the crime of this nature you should contact a competent attorney as soon as possible.
If you'd like our help, please feel free to contact us here:
