Changing your age on social media can be as easy as posting a new profile picture. However, lying about age can be dangerous for minors—not just for the child, but for anyone who might contact them.
Suppose you “sext” with someone who says they are a legal adult. However, they turn out to be a minor. Will you be liable? Here’s what you need to know.
Is sexting a crime?
Sexting involves exchanging sexually suggestive images or messages via online chat or text. It is not illegal if it happens between two consenting adults.
However, receiving and viewing explicit photos from a minor may count as child pornography, even if you are unaware of their real age. A minor may also be charged with child pornography if they create, possess, share or send nude photos, either of themselves or other minors.
What if you did not know they were underage?
As mentioned, it is easy for anyone to change their age on social media platforms. It is also not uncommon for teens to look older than their age. However, merely stating that you did not know about their real age may not be a substantial legal defense.
The court may find you negligent for not asking for ID or for sexting a stranger. The defense may also be weak if the minor looks or acts underage.
Nevertheless, there are other ways to strengthen your defense. Possible examples include:
- Providing evidence of the underage party lying about their age
- Getting a testimony from the underage party corroborating your claim
- Arguing that you did not request explicit content
- Showing a lack of inappropriate behavior involving minors in the past
It is ultimately up to the judge and jury to decide if your defense is valid. This is why having an aggressive criminal defense lawyer by your side is crucial. Proper legal guidance can help you understand your options, gather evidence to support your claim and build the strongest defense possible.