Is Sexting with a Minor Child Sexual Abuse in California?

Yes, under California law, sexting with a minor, aka, individual under 18 years old, is a form of child abuse. Please note that it does not matter if the minor did not object, or they obtained enjoyment from the act at any point. Per the laws in California, the age of consent is 18, meaning that anyone below this age cannot legally consent to having sex or engaging in sexual activity with an adult. Thus, we can answer with a resounding “yes” to the following question: Is it a crime in California if an adult is sexting with a minor?

Sadly, we see this type of abuse all the time in schools, foster care group homes, after school programs, youth centers, summer camps, and juvenile halls. These and other places that serve the community are meant to be a safe harbor for children, especially those coming from backgrounds of neglect and abuse. On the other hand, it’s not hard to see why a sexual predator would seek employment at these places. Not only do they have easy access to victims, they know that there is a lack of leadership, supervision, and accountability within many of these organizations.

This is why cases of sexual abuse involving children are often filed against an entity, like a government agency, religious organizations, or school district. If you are a victim of sexting and other forms of sexual abuse during your childhood, you have the right to seek justice through the civil courts. If you would like to learn about the process of filing a child sexual abuse lawsuit, contact the attorneys of Normandie Law Firm.

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Sexting with a Minor is Illegal under Penal Code 288.2 PC

California’s Penal Code 228.2 PC makes it a crime to distribute, send, or solicit sexual content to or from a minor though electronic communications, like using a cell phone, tablet, or computer. Content of a sexual nature can include:

• Nude pics
• Sexually explicit photos
• Pornographic videos or links
• Sending sexually suggestive messages for the purpose sexual gratification or in the hopes of arousing an underage individual

This type of content is classified as harmful matter, and Penal Code 288.2 clearly criminalizes the act of sending or distributing such material to a minor. For the sake of a criminal prosecution, the adult’s intent, or why they are sexting a child is absolutely crucial. The perpetrator must have had the intention of engaging in sexual contact with the victim, or they wanted to induce the minor into sexual activity by arousing them with images, messages, or video.

This is a very common ploy used against teenagers, who are struggling with sexual arousal and various emotions that have to do with love and attraction. Child abusers exploit these kids and make them think that what they are doing is a normal and beautiful act, when it’s simply a predator taking advantage of their prey. Afterwards, most of these victims feel ashamed and blame themselves for the abuse, which is why they never tell anyone.

Perhaps you are one of the countless adults who experienced sexual abuse during your childhood. If so, a lawsuit may be key to obtaining justice and gaining control over a situation that has made you feel helpless for a very long time. We hope you will contact us so that we can help you in your journey to recovery.

California Teacher Arrested for Sexting and other Abuses against Her Student

In late March 2024, a Mt. Carmel High School teacher was arrested for having a years-long sexual relationship with a 15 year old student, which began with conversations “that became sexual in nature,” according to the San Diego Police.

The teacher, Stacey Michelle Walker began sexting the teen in 2017, which included exchanging messages and sending photos and video. Things escalated to where Walker met the victim for sexual activity numerous times, before and after she turned 18 in 2019. The police would not confirm if the assaults occurred on school grounds, only saying that they “occurred at various locations.”

Walker has been charged with 17 offenses, including oral copulation, sodomy, and luring a minor for a sex offense. The former drama teacher is currently in jail on a bail amount of $400,000. Police are asking other victims and those with information to come forward, and we agree that this young woman is not the first or last student who was manipulated and used by Stacey Michelle Walker.

One thing that’s important to note is how sexting is used as a tool for grooming minors into an inappropriate relationship. That’s why sexting is not just a matter of sending and receiving adult content; it’s about luring a child into a dangerous situation and causing damage that stays with them for the rest of their lives.

Please know that you are not the one who should live with the shame and guilt of sexual abuse. As a minor, you did not have the experience or emotional capacity to understand what you were doing, which is precisely what child abusers count on. Along with counseling and other forms of emotional healing, it can be helpful to learn about your rights and legal options, which we can go over with you during a free, private consultation.

How Much can I Receive from a Lawsuit?

The amount of compensation for child sexual abuse victims can be anywhere from $400,000 to $10,000,000, depending on many details that we will need to learn about your case. Typically, claims for sexting and other non-physical forms of sexual abuse are settled for under $1,000,000. But acts like sexting often lead to sexual assault, as the minor is groomed over time and coerced into a sex act they later regret.

Child abuse that involves both solicitation and assault, along with a long history of sexual grooming (as in the case of Stacey Michelle Walker), can be worth anywhere from $2,500,000 to over $5,000,000. Please note that we can only provide estimates until we speak with you in person. To discuss how much your lawsuit is worth with a lawyer who can sue for sexual misconduct, don’t hesitate to give us a call.

How Many Weeks, Months or Years will it Take to Settle my Case?

A lawsuit for sexual abuse of a child takes 1 or more years to settle on average, particularly if you are suing a public entity, like a school district or county probation department. Unfortunately, these entities have enhanced legal protections that make the lawsuit process much more complicated. We would say 1 to 2 years is the average amount of time to settle these cases, and over 3 years if we take your case to trial.

Lawsuits against private entities, like religious organizations and tutoring franchises can be settled within 8 to 12 months, and maybe less than 6 months depending on the defendant’s willingness to negotiate a fair amount of compensation. However, many private organizations are currently dealing with a staggering number of claims, including class action lawsuits that are filed by 50 or more victims. With that in mind, you are probably looking at a timeline of 12 or more months when it comes to settling a sexting with a minor lawsuit.

How Long Do I have to File a Sexual Abuse Lawsuit?

Civil complaints for sexual abuse of a minor must be filed by one of these statutory deadlines:

• The victim’s 40^th birthday, or 22 years from whenever they are 18 years old
• 5 years, starting from when the victim is diagnosed with / becomes aware of an injury associated with childhood sexual abuse.

The 5-year rule has to do with the discovery of bodily harm or emotional injury, which many victims do not find out about until they are much older. Most of these individuals have mental health disorders, i.e., emotional injuries from being sexually abused while they were underage. But they don’t see the connection that may be obvious to an outsider due to a constant cycle of repression (forcing oneself to avoid certain thoughts and feelings).

But this pattern of running from the truth won’t erase the trauma of being sexually abused by a teacher, coach, religious counselor, or another adult who betrayed their sense of trust. Eventually, the burden of mental suffering becomes too much, and they seek help from a therapist. This is where the moment of discovery happens for many victims of sexual assault and harassment, and why California law provides you with 5 years to file a lawsuit after realization of the harm you’ve suffered.

Contact a California Child Abuse Attorney

Thanks to important changes in the laws governing child sex abuse allegations, more victims have the opportunity to name their abuser and seek compensation for what they went through. Having said that, an experienced attorney is critical to success when you are suing for injuries that were caused by sexual assault and solicitation.

That’s why we charge all clients $0 for the cost of legal fees, which is our promise to you under the Zero Fee Guarantee. We only get paid by winning your lawsuit and obtaining our fees directly from the defendant. That means you will never pay out of pocket if you decide that we are the right law firm to represent you.

A child sexual abuse lawyer is available to speak with you, so contact our office to schedule a free case review.