Submitted by Boog94 on Thu, 03/25/2010 - 11:30
Is it possible to have to go to jail if you get caught sexting in MA? If so, for what crimes? Even if you are a minor?
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Editor's Response
Yes, it is possible, even if you are a minor. While I find it hard to believe a prosecutor would seek jail time in such a case, a fine is possible, and a conviction for certain crimes, some discussed below, may result in the accused having to register as a sex offender. Moreover, a felony conviction can result in restrictions on school activities, such as sports, and prevent the child from being admitted to certain colleges or from receiving financial aid. This is a very serious issue.
Sexting (sending or emailing nude or semi-nude pictures of a minor (yourself or another minor) to another minor) may violate several laws in Massachusetts. Ironically, these laws were designed to protect minors, and now several minors across the state are facing potential prosecution under one or more of them. For example, Massachusetts General Laws Chapter 272, Section 28 prohibits the dissemination or possession of matter harmful to minors. It is also illegal in Massachusetts to pose a child in a state of nudity or sexual conduct, or to disseminate picture of a child in a state of nudity or sexual conduct. For more information or to post a question, visit our Massachusetts Criminal Law Discussion Forum.
Sexting in MA
I agree with the editor. If you are charged as a juvenile you face the possibility of being sent to a DYS detention facility, which is sometimes viewed as rehabilitative, increasing the chance a prosecutor could seek DYS detention (especially if there is a prior record). Clearly this is an area of the law that has not caught up with modern technology, but as the law stands you could go to prison for certain "sexting" crimes.