Cell phone use is on the rise with teenagers and unfortunately, this has been a leading factor in the common practice of “sexting”—sending nude photographs or sexually suggestive messages by text. Texas has enacted laws with penalties so make sure you are avoiding this and if you find yourself in trouble, contact our sexual assault lawyer in San Antonio today.
Teen Sexting In Texas
Texas has taken legal measures when it comes to sexting—the state punishes teen sexting under its law against electronically transmitting sexual depictions of children. This law explains how it is illegal for one minor to electrically send an image of someone younger than 18 years old to another minor.
Sexting And The Federal Law
Sexting can be considered a crime under federal law depending on the circumstances. The PROTECT Act of 2003 makes it illegal to produce, distribute, receive, or possess with intent to distribute any obscene visual depictions of a minor engaged in sexually explicit conduct. The law criminalizes causing a minor to take part in sexually explicit conduct in order to visually depict the conduct.
Sending or receiving a “sext” from other minors is a Class C misdemeanor, with penalties that include a fine of up to $500 and may increase for second and subsequent convictions.
If you are in Texas and find yourself in a legal situation with sexting, make sure you contact our sexual assault lawyer in San Antonio. We can help you navigate the legal consequences and make sure you are represented in your time of need. Our team is prepared to provide tough defense and aggressive representation for our clients, so call us today for a free case evaluation.
If you’ve been wrongfully arrested, there are a few steps to take to make sure you are able to drop the charges and keep your record clean for the future. As your criminal defense lawyers serving San Antonio, TX, we want to make sure you know if you’ve been wrongfully arrested and what to do next.
What Defines A Wrongful Arrest?
If you are arrested without probable cause, you can sue for a violation of your constitutional rights under the Fourth Amendment. This amendment guarantees all persons the right to be free from unreasonable search and seizure, including an arrest.
Can You Resist Arrest?
If you feel that you are being wrongfully arrested, you have the right to resist by telling the officer you think the arrest is wrongful. Once the statement is made, the officer has to demand that you present evidence to make the arrest considered wrongful. If the evidence is valid, the officer cannot arrest you, but if there is no evidence, then you must cooperate with the police. Sometimes you cannot present evidence to prove your innocence at the time of the arrest and you may still feel it’s wrongful. After the arrest, you can file a claim with the help of a lawyer.
Should You Sue?
One option after being wrongfully arrested is to sue for monetary damages. With the help of a professional lawyer, you can seek money from your arrest and you have the ability to sue the individual officer. If you want injunctive relief, you can pursue a claim against the state or state agency. Other reasons to sue can be due to lost wages, damage to reputation, embarrassment, and more.
Did you know that wrongful arrests happen regularly in the United States? Make sure you contact our criminal defense lawyers serving San Antonio, TX if you find yourself in this situation. We will make sure you get the justice you deserve.