The Wright Firm's Weblog

A Sex Scandal Without the Sex!

Much ado has been made recently about U. S. Rep. Anthony Weiner sending sexually explicit messages and images via the internet to various women.  While there is a long-running tradition of sex scandals among American politicians, the quirk in Rep. Weiner’s story is that – as far as anyone is acknowledging – there has been no actual sex involved.  This is the “sex scandal” for the Age of Facebook and Twitter.

Weiner is not alone.  A May 2010 study by the Pew Internet and American Life Project, 15% of adults reported that they had received a sexually suggestive nude or nearly nude photo or video on their cell phones.  6% admitted to having sent such messages.  Of adults in the 18-to-29 age bracket, 31% stated that they had received and 13% that they had sent sexually explicit messages.

But, is an internet- or cell phone-based “affair” really cheating?  Under Texas law, it does NOT meet the definition of adultery.  To qualify as “adultery” there must be voluntary sexual intercourse between a married person and someone who is not the spouse of that person.  That doesn’t necessarily mean, however that your spouse won’t see a cyber affair as cheating.  The Associate Press reports in the wake of the Weiner debacle, that many Americans have stated via online postings and phone interviews that the emotional betrayal is just as bad as a physical betrayal.  As a divorce attorney, I can personally attest to the increasing role Facebook and other social media are playing in my clients’ cases.

The Bottom Line:  If you wouldn’t tweet it, post it or text it with your spouse looking over your shoulder, there’s a good chance your spouse will think it’s cheating.

For information on Texas law contact The Wright Firm, L.L.P. at 972-353-4600 or visit us on the web at www.thewrightlawyers.com 

See Yahoo News article here:  http://news.yahoo.com/s/ap/20110607/ap_on_re_us/us_weiner_is_sexting_cheating

See MSNBC article here:  http://www.msnbc.msn.com/id/43365868/ns/politics-capitol_hill/

 

“Sext” Ed

A new bill has passed the Texas Senate by a hefty 29-1 margin that would reduce the classification of a “sexting” offense from a felony to a Class C Misdemeanor.  This reduction would only apply to first-time offenders who are younger than age 18. 

The bill further gives a judge the discretion to order both the minor and the minor’s parents to participate in a sexting education course.  The Texas School Safety Center will be responsible for creating the curriculum for the course.  Parents, in case you didn’t have enough good reasons to monitor your teens’ texting habits, now you have one more.  Both you and your teen can get detention, so to speak.

While neither the teens nor parents in questions may be happy about being fined and forced to take the class, the punishments under existing laws are much harsher.  In fact as the law stands now, any person who sends a sexually explicit image of a minor can be charged with felony trafficking in child pornography.  That would look a bit worse on someone’s permanent record.

If you or your children are having problems with the law, The Wright Firm’s criminal defense attorneys are here to help!  Give us a call at (972) 353-4600 or check us out on the web at www.thewrightlawyers.com!

Original Dallas Morning News article can be found here: http://trailblazersblog.dallasnews.com/archives/2011/04/senate-approves-measures-to-al.html

 

 

 

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