Colorado Sexting Laws for Teens and Minors

Colorado has enacted legislation specifically addressing sexting by teenagers younger than 18. The law provides prosecutors a charging option that allows minors to avoid a serious record. But teens age 18 and 19 are considered adults. They can face much harsher penalties.

What Is Sexting?

Sending nude, sexual, or otherwise explicit images via smartphone, through internet messaging, or by similar means is commonly known as sexting. Especially common among teenagers, sexting can easily be used to bully or harass others.

Is Sexting a Crime in Colorado?

Sexting between consenting adults (including teens age 18 and 19) is legal, as long as the images aren't of minors.

Adults who sext images of minors or sext with a minor can face serious felony charges for sexual exploitation of a minor or other crimes. Sexting by juveniles (those younger than 18) is also prohibited but is handled by a civil citation or as a petty offense or misdemeanor.

Colorado Laws on Teen Sexting

Colorado's juvenile sexting law applies only to acts committed by minors younger than 18 involving sexually explicit images of, or sent to, a person who is close in age to the offender (less than 4 years younger) or 14 or older. A "sexually explicit image" is defined as any electronic or digital photo, video, or video depiction of a person's real or simulated external genitalia, pubic area, anus, or buttocks, or a female's real or simulated breasts.

Juveniles who engage in consensual sexting receive a civil citation and must attend educational programming and pay a small fine. Criminal penalties apply when sexting involves a nonconsensual act, harassment, repeat offense, or possession of multiple images depicting multiple individuals.

Diversion. The law encourages prosecutors to develop diversion or alternative programs for juveniles charged with a first offense under the law. Diversion allows the juvenile to avoid adjudication as a juvenile delinquent.

Expungement. Expungement of all juvenile court records and any records of the case, diversion, or other programming must occur within 42 days of the juvenile completing the sentence or program.

What Are the Penalties for Teen Sexting in Colorado?

Penalties for teen sexting in Colorado depend on whether the acts were consensual or not.

Consensual Exchange of Private Images

Consensual sexting (or exchange) of private images by a juvenile no longer constitutes a crime but continues to be prohibited under Colorado law. A juvenile who sends a sexually explicit selfie to another person or receives a sexually explicit image of another person commits a civil infraction. The court can require the juvenile to pay a $50 fine and participate in programming that addresses the risks of sexting.

Possessing a Private Image Without Permission

A juvenile who knowingly possesses, through digital or electronic means, a sexually explicit image of a person without permission commits a petty offense. A juvenile can avoid a violation of this section by taking the following actions within 72 hours— destroying or deleting the image or reporting the image to law enforcement or a school resource officer.

Posting or Distributing Images Without Permission

The law makes it a class 2 misdemeanor for a juvenile to:

• post or distribute a private, sexually explicit image of another person, or
• post or send a sexually explicit selfie to a person who did not request the image and who suffered emotional distress.

The penalty increases to a class 1 misdemeanor if the sexting involves harassment, a repeat offense, or possession of multiple images depicting multiple individuals.

(Colo. Rev. Stat. § 18-7-109 (2024).)

What Are the Penalties for Sexting With a Minor in Colorado?

Teens who are 18 or 19 don't qualify for the reduced penalties listed above. They are subject to the same crimes and penalties as other adults. It's also possible for younger teens to fall outside the limited protections of the teen sexting law. If that's the case, prosecutors could file felony charges.

Sexual Exploitation of a Child

A person who receives a sext from a minor younger than 18 can face felony charges for sexual exploitation of a child. This law makes it a crime to possess or entice a child to make or send a sexually exploitative image showing sexual intercourse, erotic fondling, erotic nudity, or sexual excitement.

Depending on the circumstances of the crime, sexual exploitation of a child is a class 3, 4, or 5 felony offense. The law specifically states that a prosecutor cannot charge a juvenile under this section for conduct that can be charged under the juvenile sexting law.

(Colo. Rev. Stat. § 18-6-403 (2024).)

Internet Sexual Exploitation of a Child Younger Than 15

Internet sexual exploitation of a child occurs when an actor invites or convinces a child to do any of the following via the internet or by texting or instant messaging:

• expose or touch their own or another's intimate parts, or
• observe the actor's intimate parts.

The definition of a child includes a person the actor knows or believes to be younger than 15 and at least 4 years younger than the actor. Internet sexual exploitation of a child is a class 4 felony.

(Colo. Rev. Stat. § 18-3-405.4 (2024).)

Sending Obscene Material to a Child

An adult who sexts an obscene image to a child could face class 6 felony charges under the obscenity law.

(Colo. Rev. Stat. § 18-7-202 (2024).)

Will a Colorado Teen Face Sexting Charges in Juvenile or Adult Court?

Juveniles who commit the alleged offense when they are 10 to 17 will generally have their cases heard in Colorado's juvenile court. Teens who commit the offense when they are 18 or 19 fall under adult court jurisdiction.

Juvenile Delinquency Court

If the juvenile goes through the juvenile justice process, courts and prosecutors have much broader discretion in determining appropriate sentences. For example, the court may order the juvenile to pay a fine, be supervised on probation, or complete treatment, educational programming, or community service hours.

Adult Criminal Court

Adult teens who are convicted of a felony can face possible prison time, sex offender registration, fines, and a criminal record.

(Colo. Rev. Stat. §§ 19-2.5-102, 19-2.5-103, 19-2.5-402, 19-2.5-1102 (2024).)

Getting More Legal Help

Sexting in Colorado can have serious ramifications for a teenager or an adult. If you have been charged with a crime, approached by investigators, or believe you might have done something illegal, you should speak to a Colorado criminal defense attorney as soon as possible.