Is Sexting Against the Law in Idaho?

When it comes to sexting, every state is a bit different. Some states have laws that explicitly address the act of sexting. Idaho is not one of these states. While there has been legislation proposed that would deal with sexting, especially when it involves a minor, they have not been passed. This can make the law a bit confusing for people in Boise, Idaho. If someone isn’t sure if something is against the law, should they be punished for it?

Most people have heard the phrase – “ignorance of the law is no excuse.” This is absolutely the case in Idaho. While the laws, as written, can be confusing, there is no doubt that they’re strict. In fact, many Boise defense lawyers complain that the laws in Idaho are a bit too strict. Not only are the lines between what is legal and illegal gray, but the penalties are quite stiff.

This is why it’s important to call a Boise criminal defense lawyer if you’re charged with any sex crime. For people who in their late teens or early twenties, the laws in Boise are downright scary. You can be charged with statutory rape without even knowing you’re doing anything wrong. And you can be charged with possession of child pornography just for sending a naughty text to your significant other.

Here, we’ll highlight the sexual crimes that affect young people in Boise, Idaho. It’s critical that you discuss your case with a Boise defense lawyer right away so you know what your options are.

Sexting May Not Technically Be Against the Law But it Can Land You in Prison

Most people know what sexting is. It’s sending a message, typically on your cell phone, that is of a sexual nature. Most of the time, sending a message like this doesn’t raise any eyebrows at all. However, if you’re exchanging messages with someone who is under 18, it could land you in prison for quite some time. In fact, even if you send a single message to a minor, you can be charged with child pornography.

The laws in Idaho are very strict when it comes to this sort of behavior. If you create, send or receive a sexually explicit message and share it with a minor, you can face criminal charges. The same thing will happen if you post a message like this on a minor’s social media page. For example, if you post a video or image on your girlfriend’s Facebook page and it’s sexually explicit, you can be charged with a crime. Since there isn’t a statute that explicitly deals with sexting, the crime you’ll be charged with is possession or distribution of child pornography.

This kind of charge will be life-altering. Not only will you be facing possible jail time, but you may be required to register on the local sex offender list. If this is the case, you may have to continue to register for ten years to life. It can be difficult to get a job or even get into school with something like this on your record.

Is There a Defense to a Sexting Charge?

If you’re charged with possession or distribution of child pornography, there aren’t a whole lot of defenses. The fact that you thought the person you were messaging was over 18 is not a defense. You take the risk that someone is lying about their age or happens to look a lot older than they really are. It will be a challenge for your Boise criminal defense lawyer to prove that you’re innocent of these charges.

You Should Call a Criminal Defense Lawyer in Boise Right Away

If you’ve been charged with child pornography or statutory rape in Boise, you need to call our office now. There isn’t a lot of time between your arrest and your first hearing. This is where you’ll let the court know if you plead innocent or guilty. You don’t want to risk attending this hearing on your own. You’re much better having an experienced Boise criminal defense lawyer by your side. They have worked with the prosecutors in the past and may be able to get your charges reduced or dismissed. Or, they may be able to negotiate a favorable plea deal.

Call today and schedule your initial consultation. Sit down with a seasoned criminal lawyer in Idaho who knows the law. They can review your case and let you know what you’re up against. They can also let you know if there are any possible defenses available to you. The laws in Boise can be complicated. You want someone by your side who knows how to navigate the criminal justice system.

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