Minnesota's Sexting Laws for Teens and Minors

Sexting images of a minor—someone younger than 18—can result in serious charges and penalties. These offenses can be prosecuted under Minnesota's child pornography and sexual exploitation laws. Read on to learn more about teen sexting laws in Minnesota.

What Is Sexting?

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.

Is Sexting a Crime in Minnesota?

Sexting between consenting adults is legal, as long as the images aren't of minors. However, sexting images of or to minors falls under Minnesota's child pornography and sexual exploitation 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 These laws were originally enacted to protect kids from sexual predators (not necessarily from other kids).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, Minnesota is not one of these states.

Minnesota's Laws on Teen Sexting

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 sex offender registration. Defendants younger than 18 are typically handled through the juvenile courts, which have more flexibility and sentencing options.

What Are the Penalties for Teen Sexting in Minnesota?

Minnesota punishes teen sexting under its laws prohibiting child pornography and electronic solicitation of children. These laws prohibit creating, sharing, and possessing images of minors (younger than 18) engaged in sexual conduct, as well as sending images of sexual conduct to a minor.

"Sexual conduct" includes sexual intercourse, masturbation, lewd exhibition of the genitals, and physical contact (in a sexual manner) with the clothed or unclothed pubic area, buttocks, or female breast.

Sexting Images of Minors: Child Pornography

Sexting images of a minor—for both senders and receivers—can result in harsh child pornography charges. A person (adult or minor) who creates, shares, or possesses an image of a minor engaging in sexual conduct commits a felony in Minnesota. These images include selfies. Enhanced penalty applies if the defendant has prior convictions or is required to register as a predatory (sex) offender or the minor was younger than 14.

Requesting a sext. Asking a minor to send a photo or video showing nudity or sexual conduct could lead to charges for "use of a minor in creating child pornography." This offense carries up to 10 years in prison and a $20,000 fine. The enhanced penalty increases the maximum sentence to 15 years in prison and a $40,000 fine.

Sending a sext. A minor who sexts a selfie to another person commits the crime of disseminating child pornography. Someone who shares a nude or sexually explicit image of a minor could also face charges for this offense. A conviction can mean a maximum sentence of seven years in prison and a $10,000 fine. The enhanced penalty is a 15-year felony with a $20,000 fine.

Receiving a sext. Receiving a sext from a minor means the person is in possession of child pornography. It doesn't matter if the minor sent it willingly. Consent is not a defense. A person convicted of possession charges faces up to five years in prison and a $5,000 fine. The enhanced penalty goes up to a 10-year felony sentence and a $10,000 fine.

Examples. Under these provisions, a 17-year-old boy who receives a nude picture of his 15-year-old girlfriend can be prosecuted for possession of child pornography. If he sends the image to his friends, he commits the crime of disseminating child pornography, and his friends could be prosecuted for possessing child pornography. (Consent by the underage girlfriend is not a defense.) The 15-year-old girl who sent the selfie could be charged with creating and disseminating child pornography.

(Minn. Stat. §§ 617.246, 617.247 (2025).)

Sexting Images to a Minor: Electronic Solicitation of Children

An adult (18 or older) who uses a communications device to sext an image to a child age 15 or younger can be charged with a felony. To fall under this crime, the image must depict sexual conduct (similar to the definition above), and the person must intend to arouse the sexual desire of any person. Under this section, an 18-year-old adult who sexts a sexually explicit selfie to a 15-year-old could face a three-year prison sentence and a fine of up to $5,000.

(Minn. Stat. § 609.352 (2025).)

Will a Teen Go to Juvenile or Adult Court in Minnesota?

Minnesota juvenile courts typically hear cases involving offenses committed by minors age 10 to 17. The juvenile court has more discretion and flexibility when it comes to sentencing (called a disposition) than an adult court. A juvenile court judge could order the minor to attend counseling, complete educational programming, or report to a probation officer. In some cases, the court can order juvenile detention.

Teens who commit offenses when they are 18 or 19 are adults and go to adult court. These offenders face possible prison time and fines.

As another option, Minnesota law authorizes prosecution offices to set up pretrial diversion programs for first-time juvenile or adult offenders charged with certain felonies, including child pornography. Pretrial diversion programs allow the offender to participate in programming, treatment, and education services. Successful completion results in the dismissal of the charges. (The law only authorizes these programs; it does not require them.)

(Minn. Stat. §§ 260B.007, 260B.101, 388.24, 401.065 (2025).)

Does a Sexting Conviction Mean Sex Offender Registration in Minnesota?

Both adults convicted of and juveniles adjudicated for child pornography are required to register as sex offenders (called predatory offenders under Minnesota law). The law does not provide any leeway for juvenile offenders to avoid registration. Unlike some states, judges have no say in registration requirements, and the law doesn't allow juveniles to petition for early termination of registration.

(Minn. Stat. § 243.166 (2025).)

Getting Legal Assistance

If you are or your child is charged with child pornography or any other crime as a result of sexting, talk to a Minnesota criminal defense attorney or ask for a public defender as soon as possible. A conviction or adjudication for any crime, but particularly for a sex crime, can have serious consequences, including years in prison or a juvenile facility, sex offender registration, and a criminal record. An attorney can tell you what to expect in court and how to protect your rights.