While it might not be talked about too publicly, the reality is that so-called sexting among high schoolers, college students and other teens and young adults is fairly common.
What some of those who engage in this behavior might not realize is that, under Indiana law, it might also be considered a serious sex crime that can land a person in prison and facing other serious criminal and civil consequences.
Specifically, the sending, keeping, or receiving of an image via text, social media, or the email that is of someone who is under 18 and is legally sexually explicit can result in a charge related to child pornography.
Recognizing that sometimes people send each other these sorts of images as part of their relationship, Indiana law does offer a limited defense to a child pornography charge for a young person, under 22 years old, who gets an explicit image from his or her boyfriend or girlfriend that depicts the boyfriend or girlfriend, so long as they are not more than 4 years apart in age.
If the person accused decided to distribute this image to other people, however, then the defense will not apply. There are also other exceptions to this defense.
While defenses are available to it, it is probably safest for young people in Indiana to just assume that sexting and illegal child pornography are one and the same and adjust their social and romantic activities accordingly. For those Indianapolis residents who are accused of sexting and are facing serious legal consequences as a result, an experienced attorney can be of valuable assistance.