Many Virginia criminal laws are not being updated to keep up with changing technologies. For example, anyone aged 18 or older in Virginia caught “sexting” or possessing nude photos of anyone underage could face child pornography charges.
A recent article in The News & Advance discusses the challenges with some aging criminal codes in Virginia by discussing a recent case involving a 21-year-old who was convicted of child pornography charges because he had a nude photo of his 17-year-old girlfriend, whom he had dated for two years. According to the current law, those who engage in sexting violate many child pornography laws including production and distribution of child pornography, possession of child pornography as well as solicitation, which are felonies and can carry strict prison terms.
There have been previous attempts to amend the current laws so young adults in those situations who participate in sexting are not facing the same charges as child predators, but lawmakers caution you have to be careful so to not make it easier to violate the laws for those they are originally intended.