Legal Question in Criminal Law in Texas

Therein lies the problem - where is the line drawn? When does one go from friendly texting to sexting? It would depend on the intent of the sender and the interpretation of the receiver - which might not be the same.

I would not consider "hey sexy" to be sexting nor a photo of the beach day but some might disagree - especially of the use of the word "sexy".

I would ask myself how my mother who is 76 would feel about receiving a text in question. Would she be offended? The other question to ask yourself is how would you feel if the text / photo that you sent was shared with the police? Your spouse or bf/gf?

If both people are over 18, that is one thing. However, what if the sender puts in the wrong telephone number (which I have had that question come up in a criminal case recently)? What if the unintended receiver is under age? What if a nude photo is sent to the unintended underage receiver?