\tAs everyone knows, the teenage years are not easy what with raging hormones and immature judgment. So you were dismayed, but not completely surprised, when your son reacted to a breakup with his girlfriend by texting her nude photo to his best friends. Now he is charged with a sexting offense. Luckily for him, however, Illinois has just implemented a new, more lenient law as of January 1, 2011 for those under age 17 who commit sexting offenses.<\/p>\n
Sexting is the electronic transmission of nudity or obscene photos to another party. Even texting nude pictures of yourself can be a crime. Before the new law, prosecutors were forced to charge young offenders under stricter pornography laws that could have resulted in a lifetime designation as a sex offender. The new law tries to address the problems that arise when the development of technology outpaces the development of the adolescent brain.<\/p>\n
\tUnder the new law, any minor under age 17 who knowingly electronically transmits materials depicting nudity or other sexual conduct is subject to a Class B Misdemeanor, punishable by up to 6 months in jail and a $1,500 fine. If you are under 17 and you knowingly request another minor to sext for you, you can be charged with a Class A Misdemeanor, punishable by up to one year in jail and a $2,500 fine. If you post the image on the Internet or a website for at least 24 hours with the intent of injuring another\u2019s reputation or causing emotional distress, the charge stiffens to a Class 4 felony, punishable by imprisonment for 1 to 3 years.<\/p>\n
\tThe new law also permits a Judge to order an offender into a diversion program, such as counseling, that would look at the problems, which led to the sexting offense. If a minor commits a second violation, the Court can forbid the defendant the use of any electronic telecommunications device for up to six months other than for emergencies.<\/p>\n
\tIf you have questions about sexting or know someone who is facing sexting charges in Illinois, please feel free to contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.<\/a><\/p>\n","protected":false},"excerpt":{"rendered":" As everyone knows, the teenage years are not easy what with raging hormones and immature judgment. So you were dismayed, but not completely surprised, when your son reacted to a breakup with his girlfriend by texting her nude photo to … Continue reading