In Ohio, Is Underage Sexting a Sex Offense?

Ohio Sexting Law Carries Harsh Penalties

Ohio Sexting Laws Do Not Distinguish Between Adults And Minors

Generally defined, sexting is the sending of sexually explicit images or videos through the use of some electronic, like a smartphone or computer. These explicit images are often sent through social media, text messaging, or even email.

Most states either currently criminalize sexting or are in the process of drafting legislation to criminalize sexting. For example, in Indiana, the production, distribution, of possession of sexts is punishable as a Class A misdemeanor. Ind. Code § 35-45-4-6 (2021). In Pennsylvania, underage sexting is punishable by up to 90 days in jail and a fine of $300. Pa. Cons. Stat. § 6321 (2012).

Like the neighboring states of Indiana and Pennsylvania, Ohio also criminalizes sexting. Ohio sexting laws do not distinguish between adults and minors. Thus, a minor that creates, possesses, or distributes sexts will be prosecuted for a felony just like an adult.

THE RISE IN UNDERAGE SEXTING SINCE 2009

According to a study published in April 2018, teen sexting has steadily increased since 2009. Click here to read. For example, in 2009, only 4% of youths aged 12 to 17 sent sexts, and only 15% of youths aged 12 to 17 received sexts.

In the study conducted less than a decade later; however, researchers indicated that sexting has become more prevalent since the introduction of smartphones. For example, in their sample of 110,380 participants, 14.8% of youths indicated that they had sent sexts. Approximately 27.4% of youths in the sample indicated that they had received sexts. Further, the 2018 study suggested that sexting is more prevalent among teenagers than younger youths.

THE PENALTIES FOR UNDERAGE SEXTING:

In Ohio, underage sexting carries harsh penalties. For example, charges for underage sexting are permanently recorded not only on school records, but also law enforcement records. Additionally, charges for underage sexting can lead to restraining orders against the juvenile, placement on the sex offender registry, or even jail time at a juvenile detention center.

HOW TO PROTECT YOUR KIDS:

So how can you protect your kids from underage sexting? Here are three simple ways:

1. Monitor Your Child’s Phone Activity. As a parent or guardian, it’s important to help your child establish healthy habits with their phone. To prevent your child from sexting, it might be a good idea to set in place rules for when your child can use their phone. For example, establish with your child that they can only be on their phone when they are in your presence. Or, it might be a good idea to set in place a rule that your child cannot have their phone in their bedroom at night. By establishing these basic rules, you can help prevent the serious consequences of underage sexting.
2. Discuss with Your Child the Dangers of Sexting. While this conversation might not be the most pleasant or comfortable to have with your child, engaging in a conversation about the dangers of sexting might prevent your child from sharing sexually explicit images with others. For example, it’s important to remind your child that these sexually explicit images can be shared among peers without your child’s consent. Once those sexually explicit images are circulated, they can have lasting psychological and emotional effects. Further, if these images are shared over the internet, they are difficult, if not, impossible to remove.
   If you live in a state, like Ohio, where sexting is criminalized, it might also be a good idea to remind your child of the severe legal penalties for sexting.
3. Teach Your Child What to Do if They Are Asked to Send or Receive Sexts. It’s also important to have a conversation with your child about what to do if they are asked to send or receive sexts. This conversation is important to have sooner than later.
   • If Your Child Is Asked to Send a Sext. Create a game plan with your child about what to do if they are asked for a sext. There are several online resources, such as ChildLine, available to help you and your child tackle, and ultimately discourage, someone from soliciting sexts from your child.
   • If Your Child Receives a Sext. In Ohio, the mere possession of a sexually explicit image on your child’s phone can warrant law enforcement charging your child for a sex crime. If your child receives a sexually explicit image, the best thing they can do is delete the image from their phone. It’s also important to tell your children that even forwarding the sexually explicit image to their friends can be considered a sex crime.

Overall, it’s important to talk to your child about the dangers of sexting. By doing this, you can help prevent your child from facing very serious consequences that will follow them for the rest of their lives.

PUBLISHER’S NOTE:

I want to thank Mackenzie Reiber who was externing with our firm for the Summer. Mackenzie is a second-year law student at the University of Dayton School of Law. She will be graduating in May of 2023. Thanks for the great job on this blog Mackenzie!

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Do you need help with Ohio sexting laws, or criminal charges? We can assist you immediately. To learn more, please go to our website at www.hcmmlaw.com or call us at 937 293-2141. We can schedule an in-person conference or one by phone or Zoom.

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