Nashville Criminal Law Report : Nashville DUI Lawyer & Attorney : Rob McKinney Law Firm : TN Criminal Defense, Domestic Violence : Cheatham, Davidson, Montgomery Counties

Congressman Anthony Weiner is all over the news with his Twitter postings . Now , it appears he is under investigation for sexting with a 17 year old girl in Delaware . Is sexting with a minor illegal  under Tennessee criminal law ? Are there consequences in Tennessee for an adult to sext with a minor .

What is sexting ? Sexting is a term coined by the media which generally refers to the sending , receiving , or forwarding of sexually suggestive nude photos or nearly nude photos .

Is sexting illegal in Tennessee ? Not yet for consenting adults . The problem is when one sends nude images to a minor or receives nude images of a minor . According to one study , 8 out of 10 sexters are under 18 .

 Two potential criminal charges could be possible for the act of sexting with a minor . First , one could be charged with contributing with the delinquency of a minor. Secondly , one could be charged with sexual exploitation of minor which is a serious charge.

Warning , sexting may be dangerous to your health or your freedom.

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The image represents computer code. Today 's post deals with  forensic issues in child pornography cases or sexual exploitation of a minor under Tennessee state law. Once law enforcement seizes one's computer ,the police send it for a forensic review to search it's memory and files.

What can a forensic computer investigation recover ?

• hidden files ;
• damaged or corrupted files ;
• password protected files ; some encrypted files ;
• email and web correspondence
• evidence of web browsing ;
• Internet chat data ;
• Or anything else that is present on the computer or media .

Once your computer is seized and searched what should you do if charged with a sex crime ? Hire your own expert .

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Can you consent to a police search of your car or home under Tennessee law.The answer is yes.

Consent is a well recognized exception to the search warrant requirements of both Article I section 7 of the Tennessee Constitution and the Fourth Amendment of the United States Constitution. The key is a valid consent to search eliminates the police officer's need to obtain a search warrant and the need for probable cause.

The question then becomes was the consent voluntary.For a consent search to be valid , the consent must be unequivocal,specific,intelligently given and uncontaminated by duress or coercion.The burden of proof is on the government to show the consent was voluntarily given.

My gentile reminder is please do not consent to a search at anytime.

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I ran across " The Right to Present a Defense" by Mark Mahoney. You can download the article on the link. It's a great resource for criminal defense lawyers in Tennessee. Thanks to the law criminal defense of  for the tip.

 I thought the book cover of " To Kill a Mockingbird" was a great image in the right to present a defense post.

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