Los Angeles Sexting Defense Attorney

There is no single sexting statute in California. The charge you are facing depends entirely on who received the content, what was in it, and whether a minor was involved. What feels like a personal matter can quickly become a felony investigation.

Sending Harmful Matter to a Minor — Penal Code 288.2 PC Sending explicit images, videos, or written sexual content to anyone under 18 with the intent to arouse or seduce is a felony carrying 16 months, 2, or 3 years in state prison and mandatory sex offender registration. This charge comes up most often when an adult meets a minor on a dating app or social media and sends explicit content during the conversation. It also applies when someone sends explicit material to a person they believed was an adult but was actually under 18. The most common defense is lack of knowledge of the recipient’s age supported by the platform used, the minor’s profile, and any representations they made about themselves.

Child Pornography — Penal Code 311 PC Any sexually explicit image of a person under 18 is child pornography under California law regardless of who sent it or whether the minor consented. An adult who receives an explicit image from a minor who sent it voluntarily can still be charged with possession of child pornography. This is one of the most misunderstood charges in sexting cases. A conviction carries up to 8 years in state prison and mandatory sex offender registration. The defense typically focuses on whether the defendant knew the content existed on their device and whether the image was actually of a minor.

Non-Consensual Sharing of Intimate Images — Penal Code 647(j)(4) PC Sharing intimate sexual images of another person without their consent knowing the distribution will cause them distress is a misdemeanor for a first offense carrying up to six months in county jail. A second offense carries up to one year. When the victim is a minor the charge becomes a felony. These cases typically arise from breakups where one party shares images the other sent privately. The defense focuses on whether consent was given for the distribution and whether the defendant knew the sharing would cause distress.

Cyberstalking and Electronic Harassment — Penal Code 653.2 PC When sexting crosses into threatening, harassing, or intimidating territory the conduct can be charged as electronic harassment under PC 653.2 or cyberstalking under PC 646.9. These charges are frequently stacked on top of the underlying sexting charge to increase total sentencing exposure. They arise most often when an ex-partner repeatedly sends unwanted explicit content, threatens to distribute images, or uses messaging to intimidate. The defense examines the full sequence of communications and challenges whether the conduct met the legal threshold for harassment or stalking.