Sexting and Child Pornography

Aiken O’Halloran and Foley
Experienced Child Pornography Criminal Defense
Sarasota 941-366-3506

There has been an explosion of prosecutions when it comes to child pornography. Is this a result of a generation of teenagers to whom “sexting” has become the norm. As far back as nine years ago, research indicated that 19% of teenagers were involved in sexting, that is sending sexually vivid and suggestive naked pics and videos. Those teenagers are now young adults and those same young adults are now being prosecuted and becoming lifelong registered sex offenders.
I have been handling child pornography cases for decades. The child porn defendant generally can be divided into two categories. One the one hand, there are defendants that focus on pre pubescent images, and on the other hand those that view teenage developing girls. Most psychologists agree that it is normal for the adult male to be attracted to young developing females. Many girls, 14, 15 and 16 are physically sexually developed and viewing them and becoming aroused is “normal”. It may be normal but under out current laws, it is illegal. Did you know that 19% of teenagers admit to sending and receiving sexually explicit images? If you have a teenage son or a son in early adulthood, chances are he has received sexually explicit images from an underage girl. When teenagers break up, it is not unusual for the “rejected” party to post some of the sexually explicit images on social media. This is called “revenge sex”. It is not limited to kids. Adults now more and more are doing it after a relationship falls apart

Teenagers, with smart phones, can make videos of themselves engaged in sex. Under our current laws, that is child pornography and consent is not a defense. Two fifteen year olds can film themselves having sex. They will not be prosecuted, generally because they are both underage. However, making the video is a crime and down the road if that video is discovered, it technically is child porn and a prosecution can result.
The laws treat child pornography incredibly harsh. Here is Sarasota County, the State Attorney takes an incredibly hard line and in most cases files forty second degree felonies where possible. That runs up the sentencing guidelines to twenty five years in State prison. A person will generally do more time for looking at pictures than actually having sex with a minor. Only a tiny percent of people who view child pornography go on to commit actual sex crimes. If a son or family member has been arrested for child pornography, they are probably sitting in jail on a super high bond. If you want to discuss the options, call for a free consultation

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Call Peter D Aiken 941-366-3506

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