Maryland Sexting Laws for Teens and Minors

In Maryland, when teen sexting involves an image of a minor, it's considered child pornography. The state adopted a juvenile sexting law in 2021. While the law doesn't make teen sexting legal, it directs judges to take into consideration a juvenile's age and reduce the penalty accordingly.

What Is Sexting?

Sexting is the sending of nude, suggestive, or sexually explicit photos by electronic means, usually through texts, chat boards, or social media. Sexting has become especially common among teenagers—many of whom are minors—and can easily be used to bully or harass.

Is Teen Sexting Illegal in Maryland?

Consensual sexting by teens age 18 and 19 (adults) is typically legal, as long as the images aren't of children. But sexting images of or to minors is not legal, even under Maryland's juvenile sexting law.

Maryland's juvenile sexting law doesn't affect the legality of teen sexting. Sexting images of a minor still falls under Maryland's child pornography and related laws. The juvenile sexting law directs the judge to take a child's age into consideration when doling out a punishment and prohibits certain punishments for juveniles charged with sexting. Adults (including teens age 18 or 19) do not benefit from this law and can still face harsh penalties if they sext with a minor.

Maryland's Laws Prohibiting Sexting Involving Minors

Juveniles and adults can be charged with the following offenses for sexting images of or to minors. The penalties listed below apply primarily to adult defendants, which includes teenagers who are 18 and 19. Younger teens will face the same charges but in juvenile delinquency court. If these younger teens (younger than 18) qualify under the juvenile sexting law, judges will consider this a mitigating factor.

Sexting Images of a Minor: Child Pornography

In Maryland, a person who creates or distributes child pornography can face harsh felony penalties. Child pornography includes images or videos depicting a minor (younger than 18) engaged in an obscene act or sexual conduct. Sexual conduct includes sexual intercourse, oral sex, masturbation, lewd exhibition of the genitals or pubic area, or any touching or contact with the private areas of the body, including a female's breasts.

Selfies. The Maryland Court of Appeals held that child pornography charges apply to selfies taken by minors. In a 2019 case, a 16-year-old was found guilty of child pornography for filming herself engaged in sexual conduct and sending the video to her teenage friends. The court held that, under the plain language of the statute, the 16-year-old could be both the pornographer and the subject of child pornography. (In re S.K., 215 A.3d 300 (Md. Ct. App. 2019).)

Penalties. A conviction for child pornography is a felony punishable by up to 10 years in prison and a $25,000 fine for a first offense. These penalties double for repeat offenses.

(Md. Code, Crim. Law §§ 1-101, 11-101, 11-207 (2025).)

Receiving a Sext From a Minor Younger Than 16: Possession of Sexually Explicit Material

Maryland also makes it a crime to possess and retain an image or video of a child younger than 16 engaged in sexual conduct or in a state of sexual excitement.

Defense. It's a defense to a charge of possession of sexually explicit material that the defendant promptly destroyed the image or video or notified law enforcement.

Penalties. A first offense constitutes a misdemeanor punishable by up to 5 years' incarceration and a $2,500 fine. For a repeat offense, the penalty increases to a felony that carries a maximum sentence of 10 years in prison and a $10,000 fine.

(Md. Code, Crim. Law §§ 11-101, 11-208 (2025).)

Sending Sexts to a Minor: Sharing Obscene Material With a Minor

Showing or sending a minor (younger than 18) obscene images depicting sexual conduct or nudity constitutes a misdemeanor. This section applies to both acts by adults and minors who share obscene material (including their nude selfies) with minors. In the S.K. case (discussed above), the 16-year-old who sent the obscene video of herself to other minors was found guilty under this section as well.

A first violation carries a penalty of up to one year's incarceration and a fine of up to $1,000. A person who commits a second or subsequent violation faces prison time of up to three years and a fine of up to $5,000.

(Md. Code, Crim. Law §§ 1-101, 11-101, 11-203 (2025).)

How Maryland's Juvenile Sexting Law Works

As noted above, Maryland's juvenile sexting law doesn't affect the legality of sexting. However, juveniles younger than 18 can't face detention as a disposition (punishment) for certain acts of sexting. The law directs a juvenile judge to order age-appropriate educational programs on the risks and consequences of sexting and sharing sexual images, unless extraordinary circumstances justify harsher punishment.

To qualify under the juvenile sexting law, the age difference between the sender and receiver can't be more than four years, and the sexting must be consensual.

(Md. Code, Cts. & Jud. Proc. § 3-8A-35 (2025).)

Can Teen Sexting Result in Sex Offender Registration in Maryland?

In Maryland, an adult or minor tried as an adult who is convicted of child pornography or possession of sexually explicit material must register as a sex offender.

Minors adjudicated in the juvenile system do not have to register as sex offenders for these offenses.

(Md. Code Ann., Crim. Proc. §§ 11-701, 11-704 (2025).)

Getting Legal Assistance

If you are charged with child pornography or any other crime as a result of sexting, talk to a criminal defense attorney or a public defender. A conviction for any crime—but particularly for a sex crime—can have serious consequences. An attorney can tell you what to expect in court and how to protect your rights.