Los Angeles Attorney Ready to Defend You Against Sexting Charges

Let a respected California defense lawyer protect your rights

If you send obscene material to an underage person via text or email, you could be charged with a misdemeanor or felony. Regardless of the circumstances of your arrest, you need experienced legal counsel. At the Law Offices of Arash Hashemi, we design a strong defense without any delay. Our firm recognizes that the stakes are high. We are ready to give you the attention you deserve.

What is sexting?

Sexting is the act of sending a sexually explicit image via cellphone text messaging. If you are 18 or older and you sext another adult who is 18 or older, you have committed no crime. However, if you send obscene or sexual images to someone younger than 18, you could face severe penalties.

Who is sending and receiving sexually explicit text messages?

An overview of several surveys on the topic of sexting among adolescents conducted by Cox Communications, Harris Interactive, MTV, the Associated Press, and the Pew Internet and American Life Project, reports that anywhere from 7-9% of 14-17 year-olds are sending sexually explicit text messages and photos using their mobile phones. The older the age group, the more prevalent the practice becomes.

Charges and penalties for sexting

If you are arrested in L.A. for sending obscene material to a minor, you may be charged under Section 288.2 of the California Penal Code, known as “harmful matter sent with intent of seducing a minor.” Depending on the facts, the state may choose to charge you with a misdemeanor or felony. The prosecution must prove that you knowingly sent obscene images to a minor with the specific purpose of arousing lust in the victim or yourself and that you intended to seduce him or her.

If you are convicted of a felony, you face the following penalties:

  • Formal probation
  • 16 months, two years or three years in prison
  • Up to a $10,000 fine
  • Lifetime duty to register as a sex offender

Anyone who is convicted of a second crime under Section 288.2 is automatically charged with a felony — even if your first offense was a misdemeanor.

Can you be charged with child pornography for texting?

If you text or email a video of children engaged in sexual activity to a minor, the prosecution will likely charge you with child pornography and with a violation of Section 288.2. Combined, these offenses can result in many years of prison time. Retaining an experienced defense attorney is crucial.

Contact us for an aggressive criminal defense

If you are arrested for sexting or child pornography, everything you’ve worked for may be at stake. We at the Law Offices of Arash Hashemi are prepared to visit you in jail to discuss your case. To schedule an initial consultation with an attorney at our firm, contact us online or by phone at (310) 894-8548. Our office is in Los Angeles in the Westside Towers and within minutes of Santa Monica, Beverly Hills, and Westwood. We have flexible office hours and offer Saturday appointments.