General Question

ladyv900's avatar

What is the legal age of an individual that wants to sext in N.J.?

Asked by ladyv900 (713points) October 9th, 2010

Is it okay for him or her to be 18 and do it? Or do they have to be over that age? When I read and heard a lot about “sexting”, it is said that most of the laws in most states the person sending their picture has to be over the age of 18 and not under.

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19 Answers

Seaofclouds's avatar

If they are under 18, it could be considered child porn. So yes, technically speaking, they should be 18 or older.

lillycoyote's avatar

I’m not sure, but I think @Seaofclouds is right. I vaguely remember reading about a case where a teenager, under 18, was prosecuted for child pornography for sending a sexual image or some kind of “sext” to another person also under the age of 18. I only have a really vague memory of it and don’t know what happened in the end. I would say, to be careful don’t send it if you’re not 18 and if you are, don’t send it to someone under the age of 18.

El_Cadejo's avatar

16 is the age of consent in NJ. But the person has to be within 4 years of them so no one over 20.
The sexting thing is a touchy subject though, because as seaofclouds said, any picture of someone under 18 could fall into child porn even though really, it isnt in most cases. I mean technically speaking it is, but i think there is a huge difference between a 17 year old girl sending pictures of her ta tas to her boyfriend and someone taking pics of a innocent 5 year old.

So yea its kinda weird, in NJ you can fuck all ya want at 16, just cant take any pictures of it lol

ladyv900's avatar

@uberbatman lol at your last comment, lol I know right? Thank goodness I’m over age and legal but I’d rather reveal myself face to face in front of my guy rather than pictures sending because you the heck knows while it’s sending through the phone system of who’s looking at it even before the person recieving the picture message.

anartist's avatar

LOL “sexting” there actually is an age limit for juvenile sex texting to another juvenile??
I doubt it. However if an elderly [over 30] politician “sexts” you, that is another matter.

Seaofclouds's avatar

@anartist I have heard of kids being charge for child porn for sending pictures of themselves to their boyfriends, so yeah, it’s possible. Just messages, probably not, but once pictures are involved, it does technically become child porn.

El_Cadejo's avatar

@Seaofclouds I think thats really stupid though. I mean like I said above, there is a HUGE difference between two teens exchanging pictures and a full grown adult with pictures of a child.

iamthemob's avatar

The picture needs to be of someone over the age of 18, hands down. It’s because it’s not about consent to have sex – but rather to enter into a contract, essentially. Just think of it that way. Because it can be picked up and distributed by others, it’s the distribution of a product. and if you’re under 18, that product is child porn.

Seaofclouds's avatar

@uberbatman I agree that there is a difference between two kids sharing the picture, but the problem is because that picture could go to who knows how many other people if in the wrong hands (like if the couple got in a fight and the boyfriend decided to be a jerk and send it around to others). Once the picture is distributed, it is distribution of child porn, whether it’s going to another teen or an adult.

lillycoyote's avatar

@iamthemob Yes. I was only thinking about the ages of the people sending and receiving the image. It’s the age of the person actually in the picture/image that would be the most important thing. Is that it?

Response moderated (Off-Topic)
BarnacleBill's avatar

The problem with sexting is that you send your ta-tas to one guy, he sends them to 5 of his friends, and the next thing you know, 5,000 guys have seen you. You do not control the distribution once it leaves your phone. Like a secret, once you tell it to one other person, it’s no longer a secret.

Seaofclouds's avatar

@lillycoyote Yes, it’s the age of the person in the picture that matters.

El_Cadejo's avatar

@Seaofclouds thats a really good point, I didnt think about that.

lillycoyote's avatar

@Seaofclouds and @iamthemob So, if the “sexting” doesn’t involve images, merely sexual talk and chatter back and forth, would there be any issues? It’s seems like there wouldn’t be. But then again, maybe there would.

Seaofclouds's avatar

@lillycoyote I don’t think there would be anything illegal about just talking about it.

BarnacleBill's avatar

To answer your question, in New Jersey, it is illegal to possess an image of an underage minor. If you are over the age of 18, then it’s not illegal. The fasting growing segment of sexters is 55+.

lillycoyote's avatar

@Seaofclouds I wouldn’t think so either unless, maybe, if an individual over the age 18 “sexted” someone under age and could possibly be charged with “contributing to the delinquency of a minor” or something like that. But sexting between minors? I don’t know what legal issues would be involved there.

donman's avatar

i don’t know if you already know about this but did you know that sexting is innapropiate for all ages

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