In Illinois, you may have committed a Class 1 felony if you 1) filmed, videotaped or photographed any one that you should have known was under the age of 18 in lewd exhibitions of nudity or 2) knowing the contents of those pictures, you distributed them, i.e., via texting or the transfer of a physical print.
If found guilty, you may face a prison term ranging from 15 to 30 years along with fines between $1,000 and $100,000 dollars for each offense. You may also land on the sex offender registry. As a student, you may be expelled. Today, more schools are disciplining students for offenses, even if the activity took place off school grounds. In this case, sexting technology can cause something that took place outside the school to enter the school’s domain.
Even if the victim is over the age of 18, you could still be charged for harassment or for an obscenity offense.
If you think you might be charged because of sexting, contact an attorney immediately. Sometimes an attorney can even help prevent charges from being brought. Even if you are charged, your case may not be hopeless. You might reasonably have believed the victim was over the age of 18. You may not have been the one who sent the text. Maybe you forwarded something without knowing the contents. An attorney can help evaluate your defense.