Let's Talk about Sext
The rules governing the way people flirt with and court each other have changed in recent years. Why send an erotic letter when you can sext?
Sexting is the act of sending sexually explicit messages or photos electronically, primarily via mobile phones.1 People of all ages are doing it, but sexting apears to be more prevalent among the under 25 crowd.2 State legislators and academics are scrambling to codify criminal laws relating to sexting because as it stands now in many states, sexting may lead to child abuse, child pornagraphy, and other serious misdemeanor and and felony charges, even when one person voluntarily and under his own free will sends a photo of one's self to another person.3, 4, 5
In addition to possible criminal charges and even for sex offender registration, sexting can cause problems in North Carolina family law cases. A cell phone full of sexual explicit photos and texts sent by one spouse to his/her lover would be of interest to the family law lawyer handling an alimony case. Proof of marital misconduct leads to consequences in alimony cases, and sexting evidence may help prove the case.
Text messages and cell phone photos are, in most cases, discoverable material in family law cases. Securing the sexts, however is problematic. A family law attorney can issues a subpoena for the text messages, but there must be pending litigation. Plus, cell phone companies maintain that the content of text messages are not stored on their servers for more than a few days after the text is sent. Perhaps the memory card on the individuals cell phone stores texts and photos, even if deleted manually, but it appears that the content of text messages and photos disappear forever from most cell phones after being deleted.
In any event, sext with care. Be wary of the legal consequences. Remember that you do not know what the recipient will do with your message.
by Steve Mansbery
The information set forth herein is provided as a service for clients and interested readers but not as legal advice on any specific matter. It is general and incomplete. The reader should consult with an attorney regarding specific problems.
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1. http://en.wikipedia.org/wiki/Sexting
3. http://grandforksherald.com/article/id/150382/
4. http://standardspeaker.com/news/two-groups-criticize-sexting-bill-1.602127
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