Sexting Legal Defenses and Protections
New Jersey sexting criminal defense lawyers passionately support defendants with the following strategies:
- Identifying weaknesses in the prosecution’s case and evidence
- Questioning the prosecutor’s compliance with the statute of limitations
- Arguing about unlawful searches and seizures
- Emphasizing the defendant’s lack of knowledge that the victim is a minor
A reputable New Jersey sex crime attorney will explore every possible defense to make the outcome more favorable for their client.
Sexting and Federal Law
While no federal statutes exist for the act of sexting, the legislation does extend to offenses like possessing, producing, or distributing child pornography. If a minor sends you a sexually explicit image of themself and you distribute it to others, federal prosecutors will try to convict you.
Learn about New Jersey’s sex crime laws.
Juvenile or Adult Court?
Say two 17-year-olds are involved in a sexting case. Due to their age, the case will proceed in juvenile court. Defendants over 18, however, will be tried in adult court.
Diversionary Program for Juveniles Who Are Criminally Charged for Sexting
Certain protections exist for minors engaging in sexting. Rather than facing harsh punishments, New Jersey sexting criminal defense lawyers argue for the accused to participate in the state’s diversion program. Depending on their culpability, a judge may or may not rule for minors to participate in this program.
Is Expungement for Juveniles Possible?
Clearing your criminal record may be possible if you’re charged as a minor. To be eligible for expungement, you must complete a mandatory waiting period with no new convictions or pending charges.
Adults, on the other hand, don’t have the same protections available. Expungement isn’t possible for certain sex crimes, including child pornography charges. Courts also place the following punishments on offenders.
Megan’s Law Sex Offender Registration
Convicted sex offenders must join the state’s official registry under Megan’s Law. This alerts communities to the possible dangers an individual presents.
Parole Supervision for Life
The State Parole Board will continue to monitor those convicted of sex crimes. Officers may restrict activities like traveling out of state and using the internet to prevent illegal activity through New Jersey’s parole supervision for life (PSL) program.