At O’Brien & Eggleston PLLC, our Albany criminal defense attorneys previously discussed whether cellphone data could be used as evidence after an arrest.

To expand on that subject a little further, since cellphones are a large part of nearly everyone’s life in New York, we are exploring when suggestive chats, texts, and direct messages can translate to sex crime charges.

While each of these cases is unique, sexting — sharing of sexually explicit messages or photos — can quickly go from a playful conversation to evidence in a criminal case.


The reality is that New Yorkers should use caution when sending texts and images of a sexual nature.

Here’s why.

Consenting Adult Communication is Not Illegal, However…

Between consenting adults — whether married, dating, single, or perfect strangers — the private sharing of nude or suggestive photos of adults is generally not illegal.

However, there are circumstances under which sexting by adults could result in criminal charges, including:

  • Posting images online as a form of revenge after ending a relationship.
  • Sending unwanted sexts to another adult.
  • Sharing nude or sexual photos of another adult without their permission.

In other cases, whether the adult is aware of the other person’s age or not, the following can result in significant criminal charges on a state or federal level:

  • Sending sexually obscene or nude photos to anyone under the age of 18.
  • Receiving or sharing a nude or sexual image of someone under the age of 18.
  • Asking a child under the age of 18 to share a nude photo, even if it is later determined the “child” is a law enforcement officer and part of a sting operation.

Contact Our Criminal Defense Attorney Today

If you have been accused of, arrested for, or charged with a crime involving sexting in New York, contact our Albany County criminal defense attorneys at O’Brien & Eggleston PLLC today by calling (518)-391-2369 or online to schedule your initial appointment. We have a strong track record of producing real results for our clients. Allow us to pursue a positive outcome for your case, too.

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