Unlawful Use of an Electronic Communication Device by a Minor
Sexting refers to sending or receiving images or videos of a person involved in a sexually explicit act. Under A.R.S. 8-309, it is illegal for a juvenile to send, receive, and/or display such images using a cell phone, computer, tablet, or any other form of electronic communication.
With the increased use of technology across the country and the ability for individuals to send private messages to one another, sexting has become more popular. What Arizona law specifically prohibits is teen sexting, when minors send or receive images of a sexual nature between each other. If the minor received a sexually explicit text, but did not request it, deleted the message, and reported the offense to parents and/or authorities, they may not be charged with sexting.
If the minor shows the explicit image to one other person, they could be charged with a petty offense, which is punishable by a fine. However, sending or showing the material to more than one person could result in a class 3 misdemeanor charge. If the minor knowingly possesses explicit sexual material but does not share it with others, they could be charged with a petty offense.
In Arizona, it is generally acceptable for two consenting adults over 18 years of age to send explicit messages to each other. However, if the individual obtains such content without the other person’s permission or harasses them to send nude photos or videos, they could be charged with any number of offenses.
Contact Arizona Sex Crimes Legal Counsel
Backed by over 100 years of combined legal experience, our attorneys at Bowman, Smith & Kallen, P.L.L.C. know how to build effective defense strategies for various criminal matters, including domestic violence and sex crimes. When you retain our services, we will work tirelessly to defend your rights and freedoms, and seek a favorable outcome on your behalf.
To schedule your free consultation, call us at (928) 433-2355 or contact us online.