Is Sexting a Minor Illegal in California?

These days, almost everyone has a smartphone and uses messaging apps to chat and share photos. But when this “sexting” involves a minor, it can lead to major criminal charges under California law.

Many people are surprised to learn that yes — sexting with a minor is illegal in California, even if the minor consents. In this post, we’ll cover what counts as unlawful sexting with a minor, potential charges and penalties, and defenses to fight these serious accusations.

What Qualifies as Illegal Sexting with a Minor?

Under California law, an adult commits a crime if they knowingly send a minor any material depicting sexual conduct or activity. This includes photos, videos, or messages showing:

• Sexual intercourse
• Lewd or lascivious acts
• Genitals, pubic, or rectal area
• A minor in a sexual context (which could be a separate charge of child pornography)

Even if a minor initiates the sexting, asks for sexual content, or willingly participates, the adult is still criminally liable. There’s no “close in age” or “teenage romance” exception – an adult sexting with a minor is illegal, period.

Potential Criminal Charges

Depending on the facts, illegal sexting with a minor can be charged under various California laws, such as:

• Penal Code 288.2 PC – sending harmful material to seduce a minor
• Penal Code 311.1, 311.2, and 311.11 PC – child pornography offenses
• Penal Code 288.3 PC – contacting a minor for sexual offense
• Penal Code 288 PC – lewd or lascivious acts with a minor under 14
• Penal Code 288a PC – lewd or lascivious acts with a minor age 14-15

Many of these offenses are wobblers, meaning prosecutors have the discretion to charge them as either misdemeanors or felonies based on the circumstances and the defendant’s record.

Harsh Penalties for Conviction

The punishments for sexting with a minor are severe, often including years in prison and sex offender registration.

For example, sending harmful material to seduce a minor (PC 288.2) is punishable by:

• Up to 1 year in county jail or 16 months to 3 years in state prison
• A fine of up to $10,000
• Lifetime sex offender registration for felony conviction

Possession of child pornography (PC 311.11) can result in:

• Up to 1 year in jail or 16 months to 8 years in prison
• A fine of up to $100,000
• Mandatory sex offender registration

Contacting a minor for sex offense (PC 288.3), sometimes called “child enticement,” can land you:

• 16 months, 2 years, or 3 years in state prison
• A strike on your record per California Three Strikes Law
• 10 years to lifetime on the sex offender registry

Beyond prison and fines, a sexting with minor conviction can destroy your reputation, relationships, and career. Registered sex offenders face housing and employment restrictions. You may lose professional licenses and child custody.

Legal Defenses to Sex Crimes Related to Minors

Despite the grim potential outcomes, an experienced California sex crimes defense lawyer may be able to get sexting with a minor charges reduced or dismissed using defenses like:

• No sexual intent behind the sexting
• Wrongful accusation or false evidence
• Illegal search of your phone or computer
• Entrapment by undercover “sting” officer posing as minor
• Lack of knowledge the sexting recipient was a minor

Early intervention by a skilled attorney is crucial to protecting your rights and building the strongest defense. If you’re facing sexting with a minor allegations, don’t wait to get legal help.

Protect Yourself – Call The Nieves Law Firm Today

Sexting with a minor is 100% illegal under California law. Don’t underestimate the seriousness of these charges. A conviction can destroy your life. Even an accusation can damage your freedom and future.

If you’re being investigated or charged with unlawful sexting with a minor, you need legal defense immediately. At The Nieves Law Firm, we have deep experience handling sex crime cases and will tenaciously fight for your rights. We know how to challenge illegal evidence, false allegations, and unfair charges.

Your consultation is confidential, so you have nothing to lose by getting our trusted legal advice. Contact us today to discuss your case and defense options. With your freedom on the line, let us help protect what matters most.