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Is Sexting Against the Law

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  • 10-28-2014, 06:50 AM
    gabbie1025
    Is Sexting Against the Law
    My question involves police conduct in the State of: Virginia
    my soon be ex wife has gone through my phone and seen a woman send me a nude picture and has seen some questionable text messages however and has decided to try to have an investigation I hold my innocence that I did nothing wrong since it was just sexting is there anyway charges can be brought on me for this since I have never committed an act of adultery ? also im in currently in the military
  • 10-28-2014, 07:01 AM
    budwad
    Re: Question
    Guilt is in the eye of the beholder and you sound like you think you are guilty of something. She is soon to by your Ex wife so what are you worried about.

    Quote:

    Under Virginia Code §20-91, a divorce may be granted based on the fault ground of adultery, or sodomy or buggery committed outside the marriage. The crime of adultery is defined in Virginia Code §18.2-365 as a married person voluntarily engaging in sexual intercourse with a person not his or her spouse.
    I don't see sexting as fault grounds for divorce. Keep it in your pants and save your money for the divorce. And don't let your wife have access to your phone. If you did not commit adultery then let her investigate all she wants.

    Quote:

    Recrimination is also a defense to adultery. A plea of recrimination may be raised when the other spouse is also guilty of a fault ground for divorce. In effect, the mutual fault bars either party from obtaining a divorce based on fault.
  • 10-28-2014, 07:15 AM
    huntsab
    Re: Question
    He is asking about criminal charges.
  • 10-28-2014, 07:21 AM
    budwad
    Re: Question
    Quote:

    Quoting huntsab
    View Post
    He is asking about criminal charges.

    And the only criminal charges that I see would be adultery if he committed it. And he says he did not.

    Sexting among adults, even in Virginia, is not yet a crime. If the sexting was with a minor then he has something to worry about. But we don't know that yet. But since he said 'woman' I assume it was an adult.
  • 10-28-2014, 08:05 AM
    geek
    Re: Question
    Quote:

    Quoting budwad
    View Post
    And the only criminal charges that I see would be adultery if he committed it. And he says he did not.

    Sexting among adults, even in Virginia, is not yet a crime. If the sexting was with a minor then he has something to worry about. But we don't know that yet. But since he said 'woman' I assume it was an adult.

    He said he was in the military. That brings its own special problems should she try to raise a stink with his command.

    Op I would delete said photo, keep your phone away from her and try to keep things above board until the divorce is final.
  • 10-28-2014, 08:38 AM
    budwad
    Re: Question
    A search of US military policy on sexting shows that it is not forbidden as a matter of policy or law among adults. However, each branch of the military seems to treat it in a slightly different way and depending on the Commander and whether or not the sexting has lead to a breach of the Uniform Code of Military Justice, such as conduct unbefitting, there is no way to know what will happen to OP if the issue is raised with his command.

    OP has stated that he received one explicit photo and exchanged some explicit text messages. If that is what happened then I don't see it rising to a breach of the Code. If he committed adultery, if it can be shown that there was an extramarital affair, and has an aggressive Commander then maybe he has a problem.

    I would not delete the photo if it is just what OP has claimed it to be.
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