Teenage sweethearts are nervously holding hands. They both lean in for their first kiss. It's a scene that plays out in high schools across Oklahoma every day. But what happens when that young romance moves into the digital world?
At Berlin Defense, Tulsa sex crimes defense attorney Lee Berlin knows the risks and legal ramifications of teen sexting all too well. He’s seen how a few impulsive messages can threaten to derail a promising future. If your child is facing sex crimes charges related to sexting with their boyfriend or girlfriend, Lee provides judgment-free representation focused on finding the right path forward.
Oklahoma’s Teen Sexting Laws
In Oklahoma, it’s illegal for anyone under 18 to share sexually explicit images of themselves or another minor electronically. This includes sending nude photos or videos via text message, email, social media, or any other digital platform. It doesn’t matter if both parties consented or if they were dating—the law still applies.
This is outlined in Oklahoma Code section 21-1040.13A, which states:
It is unlawful for any person to facilitate, encourage, offer or solicit sexual conduct with a minor, or other individual the person believes to be a minor, by use of any technology, or to engage in any communication for sexual or prurient interest with any minor, or other individual the person believes to be a minor, by use of any technology. For purposes of this subsection, "by use of any technology" means the use of any telephone or cellphone, computer disk (CD), digital video disk (DVD), recording or sound device, CD-ROM, VHS, computer, computer network or system, internet or World Wide Web address including any blog site or personal web address, e-mail address, internet Protocol address (IP), text messaging or paging device, any video, audio, photographic or camera device of any computer, computer network or system, cellphone, any other electrical, electronic, computer or mechanical device, or any other device capable of any transmission of any written or text message, audio or sound message, photographic, video, movie, digital or computer-generated image, or any other communication of any kind by use of an electronic device.
Under Oklahoma statutes, teen sexting can lead to charges of:
- Promoting child pornography
- Possessing child pornography
- Violating the Oklahoma Computer Crimes Act
- Disseminating obscene material
These are serious offenses that can result in hefty fines, probation, and even incarceration. Depending on how the case is charged, minors adjudicated delinquent or convicted of these crimes may face the possibility of jail time as well as sex offender registration, which can impact college admissions, job opportunities, and housing options for years to come.
Consent Doesn’t Equal Legal Protection
Many teens assume sexting is acceptable if both parties agree to it, especially if they’re in a romantic relationship. But Oklahoma law doesn’t make exceptions for consenting minors.
It’s a harsh reality, but prosecutors often take sexting among minors seriously. While outcomes vary by case, some courts and prosecutors adopt a strict approach to discourage behavior that could lead to exploitation. As a result, even well-meaning teenagers can find themselves in legal trouble.
Oklahoma Law Has Different Rules for Teens of Different Ages
While Oklahoma’s sexting laws apply to all minors, the consequences can vary depending on the ages of the parties involved.
In some cases, teens aged 16 and older may be tried in adult criminal court, depending on the severity of the offense and whether a judge decides to transfer the case out of juvenile court. If prosecuted as adults, they face the same potential penalties as grown-ups, including prison sentences and mandatory sex offender registration.
Minors under 16 are more likely to have their cases tried as a juvenile offender or youthful offender. While the juvenile system emphasizes rehabilitation over punishment, a delinquency finding can still have long-term consequences. Judges may order counseling, probation, or even placement in a juvenile detention facility.
Impact of ADHD, Autism, and Developmental Disorders on Teen Sexting Charges
Teens with autism spectrum disorder (ASD), attention deficit hyperactivity disorder (ADHD), and other developmental disorders may be more prone to impulsive behaviors like sexting without fully grasping the potential consequences. Social and communication challenges can make it harder for them to navigate complex social norms around digital interactions and relationships.
- Difficulty reading social cues and understanding boundaries could lead these teens to send inappropriate content without realizing the implications.
- Impulsivity associated with ADHD may result in teens acting on urges to sext without pausing to consider the risks.
- Teens with developmental delays might be more easily manipulated or coerced into sexting by peers.
- If facing charges, teens with ASD or similar conditions may struggle to assist in their own defense due to social, communication, and sensory issues.
If your teen with special needs is facing sexting charges, attorney Lee Berlin has experience advocating for neurodivergent youth in the legal system. He works to help judges and prosecutors understand how your child's unique brain differences may have factored into their actions, fighting for compassionate solutions focused on education, skill-building, and support services rather than harsh punishment.
Special Concerns for LGBTQ+ Teens
LGBTQ+ teens may face additional challenges when it comes to sexting and the law. In some cases, they may be targeted for more aggressive prosecution or harsher penalties due to bias and discrimination. There have been instances of LGBTQ+ teens being punished more severely than their heterosexual peers for the same behavior, especially when the parents of one of the parties involved do not approve of the relationship.
If your LGBTQ+ child is facing sexting charges related to a consenting romantic relationship, Berlin Defense is sensitive to the unique issues they may encounter in the legal system and will advocate strongly for their fair treatment. Our strategies are tailored to the needs of each client and designed to protect a young person’s reputation and future opportunities to the fullest extent possible.
