What Parents Should Know About Juvenile Sexting Cases

Parents should know that sexting between minors can lead to a juvenile case in Texas, but the law doesn’t treat every situation the same way. Texas Penal Code § 43.261 addresses certain electronic sharing or possession of sexual images involving minors. The child’s age, what image was involved, how it was shared, and what the child knew or intended can all affect the case.

If your child is being investigated in San Antonio, our juvenile defense lawyer at Amanda Hernandez Law, PLLC, can assess the messages and images, explain what conduct is actually being alleged, and help you and your child understand what to do before speaking with police.

Texas Has a Specific Law for Certain Juvenile Sexting Cases

Texas Penal Code § 43.261 covers certain situations in which a minor intentionally or knowingly sends or possesses sexual images involving another minor. The law applies to minors and also to people who are not more than two years older than the minor depicted. The statute also covers certain AI-created sexual images involving minors, including computer-generated images based on a real child or realistic enough to be mistaken for an actual child. Additionally, it includes specific requirements about how the image was created and the person’s knowledge of it. Not every situation involving a sexual image leads to the same charge.

The Children’s Ages Need to Be Established

The ages of everyone involved should be determined early. Other facts also need to be examined, including whether the children knew each other, who created the image, who received it, and whether anyone forwarded or stored it. These details can help our juvenile defense attorney in San Antonio understand what actually happened and whether the conduct described by the police matches the allegations being investigated.

What Was Sent or Saved Needs to Be Examined

A lawyer should look at what actually happened rather than relying on a description of the incident. That may include whether the child created the image, received it from someone else, forwarded it, saved it on a phone, or sent it to another person. Text messages, screenshots, social media messages, and phone records may also become part of the evidence.

Parents Should Not Tell the Child to Delete Messages or Images

If your child receives an explicit image they did not ask for, don’t assume your child has committed an offense. Texas law provides a defense for certain minors who receive an image from another minor without creating or requesting it and then destroy it within a reasonable time. However, you also should not tell your child to delete messages or other evidence after an investigation has begun. Speak with our San Antonio juvenile defense lawyer first so your child doesn’t accidentally destroy information that needs to be preserved.

More Serious Charges Can Apply in Some San Antonio Sexting Cases

A sexting allegation doesn’t automatically become a felony because a sexual image is involved. However, the same conduct may implicate separate Texas laws when there are allegations of threats, blackmail, sexual coercion, unlawful disclosure of intimate images, or other conduct involving a minor. Some of those offenses are felonies.

School Discipline Can Happen Separately From a Juvenile Case

A school can impose discipline even when a juvenile case hasn’t resulted in a conviction or hasn’t been filed. Northside ISD’s current Student Code of Conduct, for example, allows disciplinary action for conduct involving sexting, pornography, bullying, blackmail, and the release or threatened release of intimate images. The code also states that school discipline can occur in addition to referral to law enforcement.

San Antonio-area school districts also provide students and parents with information about the potential school and legal consequences of sharing sexual images. The exact school consequence depends on the conduct and the district’s rules. Suspension, disciplinary alternative education placement, and, for certain conduct, expulsion may be possible.

A Juvenile Sexting Case Can Enter the Bexar County Juvenile Court System

Bexar County has three Juvenile District Courts in San Antonio, located at the Frank Tejeda Juvenile Justice Center on East Mitchell Street. The county’s Juvenile Section handles delinquency cases involving children. The process can include an investigation, a referral to juvenile authorities, court hearings, and possible probation or other court-ordered requirements. Bexar County states that juvenile cases are handled individually and that a parent or legal guardian must accompany the child at an arraignment hearing.

Parents Should Take the Allegation Seriously Without Assuming the Worst

An accusation isn’t the same as a finding that your child committed an offense. Before making assumptions, you should find out exactly what conduct police or prosecutors are alleging and what evidence they have. Our juvenile defense lawyer in San Antonio can review the messages, images, and other evidence and help your family understand what the authorities are alleging before your child responds to questions.

You Can Trust Our San Antonio Juvenile Defense Attorney With Your Child’s Case

Don’t let a juvenile sexting allegation go unexamined. The first step is understanding exactly what happened and what law authorities may be applying. Attorney Amanda Hernandez can review the messages, images, and other evidence, identify the conduct being alleged, explain the juvenile court process, and advise your family about communications with police. Submit our contact form or call 210-369-4040 to arrange your confidential case evaluation today.