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posted on 1/23/15

Today’s teenage lexicon includes terms that would not be familiar to minors who lived without cell phones. “Sexting” is a classic–albeit potentially illegal–example. While teens may talk about sexting, Illinois law punishes minors who actively engage in the electronic dissemination of indecent visual depictions. In other words, it is a crime for Illinois teens to text sexual pictures of one another, or to send such images using a computer or other electronic device.

You will know an “indecent visual depiction” when you see one–it includes lewd images showing unclothed or transparently clothed genitals, the pubic area, buttocks, or female breasts.

If a minor is caught sexting, he or she can be adjudged in need of supervision and ordered to seek counseling or to perform community service. He or she could also face suspension or expulsion from school, depending on the rules in his district. Moreover, the minor can be prosecuted for more serious criminal offenses, such as disorderly conduct, public indecency, electronic harassment and child pornography.

Disorderly Conduct

A person can be charged with disorderly conduct if he or she knowingly acts in an unreasonable manner that alarms or disturbs another and breaches the peace. Sexting can fall under this category. Offenders can be convicted of a Class C misdemeanor and subjected to 30 days imprisonment and a $1,500 fine. Furthermore, the court must order the offender to perform anywhere between 30 and 120 hours of community service.

Public Indecency

A minor who is at least 17 years old can be charged with public indecency, which is a Class A misdemeanor punishable by one year imprisonment and a $2,500 fine. “Public indecency” includes:

  • Committing an act of sexual penetration or sexual conduct in a public place; or
  • A lewd exposure of the body that intends to arouse or satisfy someone’s sexual desire.

Note that “public place” refers to anywhere you would reasonably expect others to view the act, which includes texts and other electronic messages. Repeat offenses (three or more) qualify as a Class 4 felony, punishable by one to three years imprisonment and a $25,000 fine.

Electronic Harassment

Electronic harassment can include the transmission of obscene messages, such as lewd sexts. First-time offenders can be convicted of a Class B misdemeanor, punishable by 180 days imprisonment and a $1,500 fine. The punishments become harsher for repeat offenders.

Child Pornography

Illinois laws criminalizing child pornography are complex with a range of qualifying offenses and accompanying punishments. If a sexting offense leads to a child pornography charge, contact one of our criminal defense attorneys in Schaumburg, IL today. A conviction could have a detrimental effect on your child’s future. We also have experience defending against sexting, disorderly conduct, public indecency and electronic harassment charges. Contact Glasgow & Olsson today for a consultation. We can assist those in Chicago and the surrounding suburbs.