What is the sexting law and who does it apply to?The new sexting law was created by Public Act 10-191 and incorporated into CGS §53a-196h.
It applies to a person age 13, 14 or 15 who knowingly and voluntarily transmits a visual depiction of themselves engaged in sexually explicit conduct, by means of an electronic communication device, to a person age 13, 14, 15, 16 or 17.
It also applies to a person age 13, 14, 15, 16 or 17, who receives a visual depiction of the sender, age 13, 14 or 15, engaged in sexually explicit conduct by means of an electronic communication device.
If the sender is under age 13 or over 15, or if they send the picture of someone other than themselves, they are not covered by the law and could be subject to the more serious crime of child pornography.
If a 14 year old girl sends a sexy picture of herself to her 16 year old boyfriend that would be considered to be sexting, a misdemeanor. If the 16 year old then sends the same picture to one of his friends, because it is not a picture of him, he could be charged with the felony charge of child pornography.
The sexting law did not make sexting legal, it merely reduced it from a felony to a misdemeanor.
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