Legal Question in Criminal Law in Texas

My question concerns a text message sent between two adults. The text was of a sexual nature and included a picture( just nude/ nothing graphic)After it was sent the one party said they hadnt received it and noticed theyd given the phone number one digit off. The number was deleted and corrected and forgotten. The next day the wrong party at the wrong number who received the accidental text left a voicemail stating that she should be called back or else shed go the sheriffs dept. to report this. Noone called her back not wanting to make the situation worse. The situation was legitimately between two adults originally . She received it only by accident. Noone wants to go to jail over a text message. Can a person go to jail or be labelled a how do say "sex predator " when it was simply one digit off on the phone #? The number was corrected and never bothered again. I just didnt know who to ask without creating more drama. It was between two consenting adults. Concerned.


Asked on 4/27/11, 9:36 am

1 Answer from Attorneys
Cynthia Henley Cynthia Henley, Lawyer

It was NOT between two consenting adults and therein lies the problem (and one of the many reasons that people should not engage in such conduct.) What if that phone belongs to a young kid (and that was the kid's mother calling)? You should be concerned.

If the police come to talk to you or the other "consenting" adult, lawyer up and don't talk. They will have difficulty proving who sent the picture (although it won't be impossible.)

Google nude text messages and you will find the search replete with stories of people getting into trouble for sending text messages to under age kids. You could also be charged for sending nude photos to an adult who did not want to receive them - it would be no different that you standing in front of the adult and taking your clothes off.

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Answered on 5/02/11, 8:07 am


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