Because of a recent appeals court ruling, sending a sexually explicit message to a minor online is not necessary illegal under state law. In Texas, it is perfectly legal for adults to ‘talk dirty’ to kids online, as long as there is no intent to harm the child because the appeals court ruled that such talk is the right to free speech.
The Texas Criminal Court of Appeals overturned the convictions of seven men who were sent to prison for ‘talking dirty’ with minors online last week and now many more are expected to be freed.
In 2013, the courts ruled a 2005 state law that was penned to protect kids from online predators was unconstitutional. The court determined the law was so broad it infringed on a person’s right to freedom of speech.
Anyone convicted before 2015 for dirty talk with kids, without intent to harm, can be released and get the conviction erased.
State legislators passed a new, tighter law to protect kids online in 2015, but that law also has limits.
An adult can still ‘talk dirty’ with kids online for their own arousal, it’s only criminal if the messages include talk of specific acts with the minor or a meeting is arranged.
“They don’t know how to get out of it. They may have taken it too far; they feel guilty and then they are too afraid to tell their parents or their friends,” said, Cyndi Cantu, Director of Forensic Services at the Center for Child Protection.
