Teen Sexting Laws and Penalties

"Sexting" refers to the sending and receiving of sexually explicit or nude images through texting, social media, messaging, email, or other electronic means. Teen sexting remains a concerning and prevalent issue, especially in light of advancing technology, malicious scams, and bullying and harassing behaviors.

Is Sexting Illegal for Teens?

For the most part, yes. Acts of teen sexting generally fall under one or more crimes depending on a state's laws.

Teen Sexting and Child Pornography Laws

Teen sexting involves sharing sexually explicit images of minors—also known as child pornography. Child pornography laws were originally aimed at sexual predators, not necessarily teens who sext each other consensually. In light of teen sexting, some states adopted laws that prescribe penalties aimed specifically at teenagers or adolescents who send such images. But not all states have adopted such measures. In these states, teens and adults alike can face serious charges (often felonies) for child pornography.

Teen Sexting: Consensual vs. Harmful

Teen sexting laws often impose reduced penalties (as compared to child pornography) when sexting is consensual. However, these reduced penalties don't generally apply if one of the parties coerces the other to send an image, shares the image without consent, or harasses the person in the image. Prosecutors faced with these facts might file harsher charges for sextortion, revenge porn, distribution of child pornography, or cyberharassment. (Consensual sexting can also be harmful. Check out the risks involved on HealthyChildren.org.)

State Laws on Teen Sexting

The states that have adopted consensual teen sexting laws target sexually explicit images sent by or between teenagers younger than 18. However, state laws differ significantly. Some provide lower penalties, while others offer defenses or diversion options for teens. Below are some examples.

• Louisiana prohibits anyone younger than 17 from sending or keeping explicit photographs. Teens who sext images of themselves (selfies) go through child protection, and separate penalties apply for teens who possess or share another's image.
• New York didn't enact teen sexting laws. Rather, it created a diversion program that allows a court to divert the case out of the justice system. Teens who successfully complete an education program and any other diversion requirements can get the charges dismissed.
• Texas prohibits teen sexting under a separate law that imposes misdemeanor penalties (rather than felony penalties). The law also offers a limited defense to charges for dating teens who are no more than two years apart in age (a Romeo-and-Juliet law).

More state-specific examples can be found by clicking on the links below in the section on Teen Sexting Laws by State.

Do Teen Sexting Laws Make It a Crime to Receive an Unwanted Sext?

Teen sexting laws prohibit both sending and receiving explicit images. However, it isn't really possible to prevent someone else from sending you a photo. Because of that, sexting laws typically prohibit "receiving and keeping" any explicit images.

If, for example, a teen receives an explicit or pornographic image from someone else, the teen hasn't violated a sexting law unless the teen chooses to keep (or share) the image. It may also be enough to avoid a sexting conviction if the person receiving the message tried to delete it but was unable to. For instance, it's a complete defense in Texas if a teen receives an unsolicited sext and destroys the image within a reasonable time.

Is It Illegal for a Teen to Sext a Selfie?

Typically, yes. Under traditional child pornography laws, a minor who takes and sends a nude selfie has technically produced and shared child pornography. These acts generally carry the harshest penalties under child pornography laws. Some states with teen sexting laws make exceptions for selfies, but not all do. In these states, a teen who sexts a selfie commits an offense (or two) for creating and sharing the image.

Just because an act is illegal doesn't mean prosecutors will file charges. A prosecutor might decide to forego charges against a teen who is sexting selfies or allow that teen to enter a diversion program. Some teen sexting laws distinguish between the various actors involved in sexting. These laws might require the teen sexting selfies to attend counseling or an educational program and reserve delinquency proceedings for those who share images with others.

Consequences Minors Can Face for Sexting

In states that have specific laws that target sexting, teen sexting is typically a misdemeanor or petty offense. When sexting falls under a state's child pornography laws, the offense is typically a felony.

Know that most teens will not face jail or prison time—these penalties apply only to adults or teens who go through adult court. Most sexting offenses by teens younger than 18 will be handled in juvenile court. Juvenile court judges generally have wide discretion in the kinds of punishment they impose, even when a juvenile is charged with a serious offense (like child pornography). Examples of juvenile penalties include:

• Warning. Juvenile judges can choose to punish a teen who commits a sexting offense with a verbal warning without requiring any other penalty.
• Fine. At least one state, Florida, imposes a fine of $60 on first-time juvenile sexting offenders. Subsequent offenders may face more significant penalties.
• Community service or counseling. A judge may order a teen who commits a sexting offense to perform community service. The court may also order a teen to attend individual or family therapy or an education class.
• Probation. Probation is also possible for juvenile sexting offenses. A teen on probation must typically report to a probation officer, stay in school, and comply with any other orders the court decides.
• Detention. Teen sexting might result in a court ordering the juvenile into a detention center, home confinement, group home, or other placement location. But confinement is often a penalty of last resort for juvenile offenders.

However, even if a teen doesn't face harsh consequences immediately, they may have to deal with a juvenile adjudication record. Having a juvenile record can impact them later in life.

Is It a Crime to Send a Sext to a Teen or Minor?

Yes, adults who sext minors can face penalties for possessing child pornography or sending harmful material to a child. In nearly all states, adult penalties apply to teens age 18 and 19. So, if an 18-year-old is dating and sexting a 16-year-old, the 18-year-old will go through adult court, which imposes much harsher consequences, such as:

• Incarceration. A conviction for child pornography or sending harmful material to a child could result in a prison sentence of 5 years or more.
• Fines. Fines for child pornography and related charges can easily exceed $5,000.
• Probation. An adult convicted of sexting can also face probation of at least 12 months, but typically longer.
• Sex offender registry. Adult teens convicted of a sexting crime are usually considered sex offenders and must typically register with a state sex offender registry. Sex offender registries track where registered offenders live and work. The registration requirements differ by state but usually last at least 10 years and might be public.

Also, having a felony sex record can impact a person for life, making it difficult to get a job, housing, education, loans, and professional licenses. Most sex offense records cannot be expunged.

Teen Sexting Laws by State

Get state-specific information for teen sexting laws and penalties.

Speak to an Attorney

Any charges that stem from teen sexting can result in some very serious consequences for the teen, the people who shared photos with the teen, and the teen's parents or guardians. If you've been questioned by the police or charged with a sexting crime, you need to speak to an experienced criminal defense lawyer immediately. Ask for a public defender if you can't afford a private attorney. Teens in juvenile court have a right to a lawyer just like adults.