Sexting images of a minor—someone younger than 18—can result in serious charges and penalties. These offenses can be prosecuted under Alabama's child sexual abuse and obscenity laws. Read on to learn more about sexting laws in Alabama.
Sexting refers to the taking, sending, or receiving of nude or sexual photos or videos by electronic means, whether through a text message, social media, or email. Especially common among teenagers, sexting can easily be used to bully or harass others.
Sexting between consenting adults is legal, as long as the images aren't of minors. But acts of sexting with a minor or sexting images of minors are illegal, and they fall under Alabama's child sexual abuse and obscenity laws, which can result in felony penalties.
These laws were originally enacted to protect kids from sexual predators (not necessarily from other kids). While some states have addressed the issue of teen sexting by providing reduced penalties for sexting by or between minors, Alabama is not one of these states.
The absence of teen sexting laws creates serious consequences for teenagers, especially those age 18 or 19 who engage in sexting with a minor. These older teens must go through adult court and face adult criminal penalties—including prison and possible sex offender registration. Defendants younger than 18 are typically handled through the juvenile courts, which have more flexibility and sentencing options.
Sexting is covered under several criminal statutes in Alabama law, which can be broken out by crimes involving sexting sexually explicit images of minors and those involving sexting sexually explicit images to minors. Generally, the penalties are harsher when the image depicts a minor.
Alabama law makes it a felony to knowingly possess or send images or videos of a minor younger than 18 engaged in "sexually explicit conduct."
Sexually explicit conduct includes everything from lewd images of genitals, the pubic area, or a female breast to images showing sexual intercourse, masturbation, and sexual excitement. The law refers to these images as "child sexual abuse material."
Penalties. The penalties for sexting vary based on the act involved. Possession of a sexually explicit image of a minor constitutes a class C felony. Sending or sharing the image is a class B felony.
Selfies. These laws do not specify that the image must be of another minor, so a minor taking an explicit selfie and sexting it to others would presumably fall under the statute's prohibitions.
Examples. Let's say a 14-year-old sexts a nude selfie to her 16-year-old girlfriend. The 14-year-old sending the selfie commits a class B felony (sending an image), while the recipient could be prosecuted for a class C felony (possession of the image). Adult teens (age 18 or 19) who receive a sext from a minor also commit a class C felony for possession of child sexual abuse material.
Sentences. A conviction for a class B felony carries a prison term of two to 20 years and up to a $30,000 fine. Class C felonies are punished by a minimum prison sentence of a year and a day up to 10 years in prison and a fine of up to $15,000. If the child depicted in the image is younger than 12, the minimum prison sentence increases to 10 years for a class B or C felony.
(Ala. Code §§ 13A-5-6, 13A-5-11, 13A-12-190, 13A-12-191, 13A-12-192 (2025).)
The law also makes it a misdemeanor to send harmful (obscene) materials to a minor younger than 18. Harmful material includes anything that depicts sexual conduct or nudity of the breasts or genitals. Under this law, an adult who sexts a nude selfie or another obscene image to a minor faces a maximum penalty of one year in jail and a $10,000 fine.
If the defendant's intent in sending the material is to initiate or engage in sexual acts with a child younger than 17, the crime becomes a class B felony. A conviction for a class B felony carries a prison term of two to 20 years and up to a $30,000 fine. Minors charged with violating this law must go to adult court.
(Ala. Code §§ 13A-6-111, 13A-12-200.1, 13A-12-200.5 (2025).)
Typically, offenses committed by minors go through the juvenile justice system. Teens who are 18 or 19 when the offense occurs are adults and go to adult court.
Juvenile delinquency courts have wider discretion than adult criminal courts in the types of penalties they can impose. In Alabama, minors younger than 18 generally fall under the jurisdiction of the juvenile court. But the law contains fairly broad transfer provisions that can result in many juveniles being tried in adult court. Minors who end up in adult court face adult convictions and penalties, including possible prison time.
Alabama law also has an in-between status for youth younger than 21, referred to as "youthful offender status." The youth must petition the court for this option. For those age 18 to 20, youthful offender status provides significant benefits over adult prosecution, including reduced sentences, confidential court proceedings, and sealed records. It also means not having a "conviction" on their record.
(Ala. Code §§ 12-15-102, 12-15-203; 15-19-1 to 15-19-7 (2025).)
Alabama requires a person convicted of, or adjudicated delinquent for, any of the above felony offenses to register as a sex offender. In Alabama, sex offender registration applies to juveniles, youthful offenders, and adult offenders.
However, juvenile offenders convicted of sexting images of minors (possession or sharing of child sexual abuse material) are presumed exempt from these requirements once counseled on the dangers of their actions, unless the court decides otherwise.
(Ala. Code §§ 15-20A-3, 15-20A-5 (2025).)
Anyone facing a criminal investigation or charges for sexting involving a minor should consult a criminal defense attorney regardless of whether the case is in juvenile or adult court. If you can't afford a private attorney, ask the court for a public defender. Having a sex offense on one's record can have long-lasting consequences.