Sexting Defense in Washington State

Modern technology has created a legal minefield where normal teenage behavior can result in felony charges, and even adults can face severe penalties for images they never meant to possess. What starts as an innocent message can quickly escalate into serious charges—if you are facing a conviction related to sexting, speak to a Tacoma sex crimes defense attorney as soon as possible. 

What Is Sexting?

Sexting involves sending or receiving sexually explicit images, videos, or messages through electronic devices. This practice has become increasingly prevalent with the rise of smartphones and social media platforms that make it simpler than ever to exchange sexual content. The ease of sharing and forwarding digital content means these private messages can quickly spread beyond their intended recipients.

Potential Criminal Charges Associated with Sexting

Although sexting is legal between consenting adults, this act becomes a crime when it involves minors under the age of 18. Criminal charges may be pursued whether the defendant was sending, receiving, or possessing underage content—even if both parties involved are minors. 

Washington identifies three different types of crimes that involve sexting:

• Minors Sexting Images of Minors Age 13 or Older: When minors sext images of other minors age 13 or older, they face misdemeanor charges that may increase to gross misdemeanors if the content depicts sexual acts. First-time offenders typically qualify for diversion programs instead of juvenile detention. 
• Minors Sexting Images of Minors Younger Than 13: This category covers any minor who sends, possesses, or forwards sexually explicit images of children under 13 years old. These cases result in Class B felony charges, with first-degree offenses for images depicting sexual acts and second-degree charges for less explicit content.
• Adults Sexting Images of Minors of Any Age: Any adult who creates, sends, forwards, or possesses sexually explicit content involving minors, even if they are teenagers close in age to the adult, can face criminal penalties. Adults face Class B felony charges punishable by up to 10 years in prison and mandatory sex offender registration, regardless of whether they solicited the image or knew the person in the image was underage.

How to Defend Your Rights When Facing Sexting Charges

Facing sex crime charges can feel overwhelming, especially given the severe penalties and life-altering consequences of a conviction. Beyond potential prison time, a conviction can require Washington sex offender registration, restrict your future employment opportunities, and create lasting damage to your relationships and reputation.

In these situations, a criminal defense attorney can help protect your rights and advocate for the best possible outcome. They can analyze every aspect of your case for potential defenses and challenge the prosecution’s evidence.

Your lawyer can help:

• Investigate whether police properly obtained search warrants for the electronic devices involved
• Challenge the prosecution’s evidence about who possessed or sent the content
• Examine whether law enforcement violated constitutional rights during the investigation
• When appropriate, negotiate with prosecutors for reduced charges or alternative resolutions
• For juvenile defendants, pursue diversion programs that can prevent a criminal record from being created

Contact a Washington Sexting Defense Attorney Today

With decades of experience, The Law Offices of Mark S. Treyz can advocate aggressively for your rights and work diligently to minimize the impact of these charges or get the case dismissed entirely. 

Don’t let these allegations threaten your or your child’s future. Contact us at (253) 272-8666 for a confidential consultation with a Washington criminal defense attorney who can protect your rights and freedom.