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Sexting Defense

In Michigan, sexting may seem like something between consenting teens, but the criminal consequences can be devastating and lifelong.

When images or messages involve anyone under 18, even if shared between peers, the law treats it as akin to child pornography. That means severe penalties, including felonies, possible sex offender registration, and criminal records that can follow a young person into adulthood.

If your child is facing sexting-related accusations, you need an experienced criminal sexual conduct lawyer who understands the law, and has compassion for the real-life circumstances behind those messages.

What My Clients Say

“Here’s the bottom-line: you need to call Shannon Smith if you’re accused of a sex crime. She knows how to stand up in-front of a jury, gain their trust, and earn you back your freedom. If the life and future of you or your loved one is valuable to you, can you afford NOT to have Shannon Smith on your side? There is no one like her when it comes to criminal sexual conduct cases, and the entire criminal defense attorney community knows it.”

– Brian P.

“Energy, enthusiasm, commitment to the client even with the controversial nature of law. Shannon has a keen interest in her trade and demonstrates it in many different ways. Often attorneys will take clients for granted and not help them understand the process. Not with Shannon.”

– Greg B.

“If you have been charged with any type of sex crime Shannon Smith is one of the most aggressive, and knowledgeable attorneys you could hire. She teaches other lawyers how to handle these types of cases. I would highly recommend her.”

– Aaron B.

Sexting Charges in Michigan

Some states have adopted specific legislation to deal with sexting, but Michigan is not one of them. As a result, teenagers are treated like major predators producing child pornography and passing it on – even though the cases mostly involve selfies taken that were sent to others.

In Michigan, making, distributing, and possessing sexually explicit photos of a minor therefore fall under the category of child pornography, and a charge for sexting can be treated as such.

If your child is criminally charged for sexting, they could potentially be facing the following charges:

  • Obscenity charges
  • Sexual harassment or bullying
  • Creation of child pornography
  • Possession of child pornography
  • Distribution of child pornography

These laws do not distinguish peer sexting from exploitation, and the system often does not either. Penalties for these charges could result in years of prison time, as well as sex offender registration.

That’s why it’s essential to hire an attorney with experience in juvenile criminal sexual conduct cases.

Common Scenarios That Result in Sexting Charges

This matter becomes increasingly complicated when you take into account the number of teenagers who engage in sexting. Some estimates claim that one in five teenagers have sent nude or suggestive photos of themselves to another party.

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Here are some common scenarios your child might be involved in that could lead to sexting charges:

  • A teen sends a nude selfie to a classmate; both are minors. Both may face serious charges despite consensual intent.
  • A teen shares a nude image they received with friends. That can be treated as distribution of child pornography, as well as sexual harassment or bullying.
  • One minor induces another to produce explicit media. That can be charged as producing child sexually abusive material with enhanced penalties.
  • An adult is in possession of a minor’s sext. That adult can face possession and distribution charges, even without prior intent.

These scenarios highlight how easily consensual acts between peers can become criminal charges in Michigan. Luckily, there are ways of defending your child from facing criminal penalties.

Defending Against Sexting Charges

A strong sexting defense must address both the legal definitions and the context of the alleged offense. Here are some strategies I use to defend juvenile clients in sexting cases:

  • Age proximity argument (“Romeo and Juliet” dynamic): highlighting cases where peers are close in age and consensually involved.
  • Lack of intent or knowledge: especially in possession or distribution cases where the client may not have known the sender was a minor or understood the material’s nature.
  • Challenging the statutory interpretation: showing that Michigan laws were not designed to punish consensual peer activity.
  • Procedural defenses: scrutinizing how evidence was collected, whether rights were violated, or whether evidence is overbroad or mischaracterized.
  • Mitigation and advocacy: seeking juvenile court disposition when possible to avoid sex offender registration and long-term consequences.

I bring both legal expertise and personal insight to juvenile sexting defense. It’s my goal to ensure that a teenager’s mistake doesn’t become a lifetime sentence.

I bring both legal expertise and personal insight to juvenile sexting defense.

Why Choose Shannon Smith Law

Sexting defense is a niche area of law with life-altering stakes, but it’s one I handle with urgency and discretion.

I’ve devoted my career to defending clients against criminal sexual misconduct allegations across Michigan, and I have extensive experience defending juvenile clients against sexting and other charges.

Clients choose me because:

  • I understand Michigan’s statutes and how to challenge their overapplication to adolescents.
  • I know how to navigate both juvenile and adult courts.
  • I advocate aggressively to minimize criminal outcomes and avoid sex offender registration.
  • I treat young clients and families with empathy, guided by a belief that punishment should fit the mistake—not destroy the future.

You deserve a lawyer who sees the person behind the charge—and fights for their second chance.

Call Now: I’m Ready When You Are.

FAQs

Is sexting a crime if both people are minors?

Yes. Michigan treats explicit images of minors, even self-produced, as child sexually abusive material with felony consequences.

What criminal charges can my child face for sexting?

While there is no explicit law against sexting in Michigan, these scenarios can sometimes result in juveniles facing charges of obscenity, sexual harassment, or even child pornography.

Can a minor be forced to register as a sex offender?

Possibly, especially if charged and tried as an adult. Juvenile court may offer more flexibility, which is why getting your child’s case moved to juvenile court is a critical element in my defense strategy when applicable.

What if the recipient didn’t know the sender was a minor?

Lack of knowledge or intent can be critical defenses, especially in charges of possession or distribution of child pornography.

Can sexting charges be dropped?

With strategic defense, charges can be reduced or dismissed, especially where intent, knowledge, or maturity are in question. An experienced sex crimes defense lawyer can help you plan your defense.

Contact a Nationally-Recognized Sex Crimes Defense Attorney Today

If you or your child is facing sexting-related charges in Michigan, the stakes couldn’t be higher. These charges can permanently shadow a young person’s life, but with the right defense, they don’t have to define it.

Call me today to find out how we can defend your child’s future.
Call Now: I’m Ready When You Are.

Contact Shannon Smith Law Today

    2510 S. Telegraph Suite L290, Bloomfield Township, MI 48302