Illinois Sexting Laws for Teens and Minors

Illinois has addressed teen sexting by punishing certain acts under the juvenile supervision laws, which avoids a delinquency record and sex offender registration. But the wording of the law is very narrow, and prosecutors can still prosecute sexting by minors under harsher laws. Teens age 18 and 19 are always considered adults. They can face much harsher penalties when sexting with younger minors.

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 Illinois?

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 under Illinois' child pornography and obscenity laws. Sexting by juveniles (those younger than 18) is also prohibited. The penalty will depend on the circumstances involved.

What Are the Penalties for Teen Sexting in Illinois?

Illinois prohibits a minor (younger than 18) from sharing an "indecent visual depiction" of another minor over a computer or wireless device. An "indecent visual depiction" means an image depicting lewd exhibition of the genitals, pubic area, buttocks, or female breasts.

A minor who violates this section can be adjudicated in need of supervision (rather than delinquency) in the juvenile court. The court can order the minor to obtain counseling or other supportive services or to perform community service.

But this law has limitations, as it only addresses a minor sexting someone an image of another minor. It doesn't address the situation of a minor sending a nude or sexually explicit selfie to another minor or receiving sexts from other minors. These scenarios could fall under harsher laws, such as child pornography, discussed below.

(705 Ill. Comp. Stat. 405/3-40 (2025).)

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

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. Exchanging sexts with a minor can be a felony or misdemeanor in Illinois. Sexting by minors can also fall under these provisions.

Receiving a Sext From a Minor

Illinois' child pornography law makes it a crime to knowingly create, share, offer to share, or possess an image of a child younger than 18 engaged in a sexual act or depicted in a state of lewd nudity (showing unclothed or transparently clothed genitals, pubic area, buttocks, or female breast).

An adult (including teens age 18 and 19) who sends or voluntarily receives sexually explicit images of a minor commits a child pornography offense. A prosecutor could also charge a minor who sexts a nude selfie to another person or voluntarily receives a sext from another minor with child pornography (as these actions fall outside the teen sexting law outlined above).

The penalties for child pornography are harsh. Depending on the circumstances, child pornography is a class 1, 2, or 3 felony that carries penalties ranging from 2 to 15 years in prison and fines up to $100,000. If the image depicts a child younger than 13, the penalties can increase to a Class X felony with a maximum 30-year sentence.

(720 Ill. Comp. Stat. 5/11-20.1 (2025); 730 Ill. Comp. Stat. 5/5-4.5-25 to 5/5-4.5-40 (2025).)

Sexting Images to a Minor

Anyone in Illinois who knowingly distributes sexually explicit images to a minor (younger than 18) commits the crime of distributing harmful material to a minor. This crime would apply to an adult who sexts a selfie to a minor.

Distributing harmful material is typically a Class A misdemeanor for a first offense, and a Class 4 felony when it is a second or subsequent offense. However, the law states that the offense starts as a Class 4 felony if an adult created the sexually explicit image on a cell phone or similar device and sent it to a minor.

The penalty for a Class 4 felony is up to three years in prison. A Class A misdemeanor carries up to a year's imprisonment.

(720 Ill. Comp. Stat. 5/11-21 (2025); 730 Ill. Comp. Stat. 5/5-4.5-45 to 5/5-4.5-55 (2025).)

Will an Illinois Teen Face Sexting Charges in Juvenile or Adult Court?

Minors accused of committing a crime when they were younger than 18 will typically go through the juvenile justice system. But, in certain cases, minors age 13 and older can be transferred to adult court and face adult penalties. A judge decides whether it's in the best interest to try the minor in juvenile or adult court.

Juvenile Penalties

The types of penalties juvenile courts can give are very different than those that might apply in adult court. As noted above, the court can order minors charged with teen sexting to obtain counseling or perform community service.

Illinois also permits police, probation, and prosecutors to offer informal and formal intervention options that don't involve juvenile court and a delinquency adjudication.

Adult Penalties

On the flip side, penalties doled out in adult criminal court can be much harsher. An adult or minor convicted in adult court of child pornography or a similar crime can face jail or prison sentences, steep fines, and a criminal record.

(705 Ill. Comp. Stat. 405/5-105, 405/5-300, 405/5-805 (2025).)

Will Sexting Charges Result in Sex Offender Registration in Illinois?

Illinois requires both adults and minors convicted or adjudicated delinquent for child pornography to register as a sex offender. Minors who go through juvenile court can ask the court to end the registration requirement after five years. (This option doesn't apply for minors who go through adult court.)

(730 Ill. Comp. Stat. 150/2, 150/3-5 (2025).)

Getting More Legal Help

Sexting in Illinois 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 Illinois criminal defense attorney as soon as possible. Ask the court for a public defender if you can't afford a private attorney.