Sexting second offense results in which charge?

• A. 1st degree misdemeanor
• B. 2nd degree misdemeanor
• C. Felony
• D. Infraction

Answer: (A)

The main idea is that many statutes tier penalties and escalate the charge for a repeated offense. When the same act is committed again, the law often moves you up to a higher level of offense. In this scenario, a second sexting offense is charged as a first-degree misdemeanor, not a lower offense or an infraction, reflecting the added seriousness of a repeat violation. A first-degree misdemeanor is more serious than a second-degree misdemeanor and typically carries a jail term of up to about a year (plus fines), depending on the jurisdiction. An infraction has no jail time, a second-degree misdemeanor would apply if the offense weren’t escalated, and a felony would require a higher level of offense or additional factors not indicated by a second offense here.