Georgia law prohibits sexting by and with teens and minors. The law offers reduced penalties for consensual sexting between teens close in age (14 to 18). Harsher penalties can apply if the depicted minor is younger than 14, the defendant is older than 18, the sexting wasn't consensual, or the defendant shares the image with others.
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.
Sexting between consenting adults (including teens age 18 and 19) is legal, as long as the images aren't of minors.
But adults who sext images of minors or sext with a minor can face felony or aggravated misdemeanor charges. Sexting by teens 18 and younger is also prohibited, but the law carves out reduced misdemeanor penalties, as long as the conduct was consensual and other conditions are met.
Sexting crimes that involve teens and minors fall under Georgia's laws that prohibit:
Sexually explicit images and images of sexual conduct generally include those depicting sexual intercourse, sexual acts or touching, masturbation, or lewd exhibition of the genitals or pubic area.
Georgia prohibits teen sexting, but the law allows reduced charges if:
When all of these conditions are met, the offense carries reduced misdemeanor penalties. The court and prosecutor may also agree to reduced misdemeanor charges when a defendant has shared the image but didn't do it to harass, embarrass, or intimidate the person or to make money. (Having a nude selfie does not violate these laws.) Misdemeanors carry up to 12 months of jail time and a $1,000 fine.
Sexting conduct that falls outside these conditions (such as by possessing a sexual image of a minor younger than 14 or when the defendant is 19 or older) will be subject to the penalties discussed below.
Sexting with a minor can carry felony or aggravated misdemeanor penalties depending on the exact conduct involved.
Receiving or soliciting a sext from a minor could result in child pornography or sexual exploitation charges. These laws prohibit knowingly exchanging, possessing, or receiving images depicting a child or minor engaged in sexually explicit conduct.
Child pornography. Georgia law prohibits willfully receiving visual depictions of a child younger than 16 engaged in sexual conduct. A person convicted of child pornography can face up to 20 years of prison time and a $10,000 fine.
Sexual exploitation charges may apply if a defendant possesses a sexually explicit image of a minor younger than 18. A conviction carries felony penalties of 5 to 20 years of prison time and up to $100,000 in fines. Each image possessed in violation of this section is a separate offense.
Sexting images to a minor can result in charges for electronically furnishing obscene materials to a minor or sending harmful sexual images to a minor. Both violations carry penalties for a misdemeanor of a high and aggravated nature, punishable by up to a year in jail and a $5,000 fine.
(O.C.G.A. §§ 16-12-100, 16-12-100.1, 16-12-100.2, 16-12-103 (2025).)
Georgia is just one of a handful of states that sets the age limit for juvenile court at 16. Teens who commit offenses when they are 17 or older go to adult court.
In juvenile court, judges can often exercise greater discretion in sentencing, including ordering treatment, curfews, monitoring, and community service. A teen convicted as an adult, on the other hand, will face adult penalties, including possible jail or prison time.
(O.C.G.A. §§ 15-11-2, 15-11-561 (2025).)
Sex offender registration requirements apply to individuals convicted in adult court for any of the above crimes, unless the conviction is a misdemeanor. Registration is not required for individuals tried in juvenile court.
(O.C.G.A. § 42-1-12 (2025).)
Sexting in Georgia 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 an Georgia criminal defense attorney as soon as possible.
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