North Carolina 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 North Carolina’s child sexual exploitation and related laws. Read on to learn more about sexting laws in North Carolina.

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 North Carolina?

Sexting between consenting adults is legal, as long as the images aren't of minors. But acts of sexting with a minor or sexting images of minors are illegal, and they fall under North Carolina's child sexual exploitation and obscenity 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 These laws were originally enacted to protect kids from sexual predators (not necessarily from other kids).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, North Carolina is not one of these states.

North Carolina’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 possible 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 North Carolina?

North Carolina punishes teen sexting under its laws on child sexual exploitation and dissemination of obscene or harmful materials to minors. Most of these offenses are felonies.

Penalties for Sexual Exploitation of a Minor

North Carolina’s sexual exploitation laws prohibit creating, distributing, and possessing visual depictions of a child (younger than 18) engaged in sexual activity. The law defines sexual activity as the lewd display of the genitals or pubic area, the touching of another's clothed or unclothed genitals, pubic area, buttocks or female breast, or sexual intercourse (vaginal, oral, anal, or object penetration).

The offense level and penalty depend on the actions of the defendant.

Third-degree sexual exploitation of a minor. Any person who possesses an image of a minor engaged in sexual activity commits a class H felony, punishable by 4 to 25 months' imprisonment.

Second-degree sexual exploitation of a minor. A person who creates, solicits, or shares an image of a minor engaged in sexual activity commits a class E felony, punishable by 15 to 63 months (roughly one to five years) in prison.

First-degree sexual exploitation of a minor. The most severe penalty for sexual exploitation of a minor—a class C felony—is reserved for a person who encourages, coerces, or induces a minor to engage in sexual activity for purposes of recording or producing images. A class C felony carries a penalty of 44 to 182 months (roughly four to 15 years) in prison.

Both adults and minors can be prosecuted under this section. The law doesn't require that the image be of another minor engaged in sexual activity or nudity—meaning, it's technically a crime for a minor to take and send sexually explicit selfies. So a 17-year-old who takes a nude selfie and sexts it to a girlfriend can be prosecuted for creating and disseminating the image. The girlfriend could also be charged with possessing a nude image of a minor.

(N.C. Gen. Stat. §§ 14-190.16, 14-190.17, 14-190.17A; 15A-1340.17 (2024).)

Penalties for Disseminating Material Harmful to Minors

It's also a crime in North Carolina for anyone to send "harmful material" to a minor (younger than 18). Material that is harmful to minors includes any depiction of sexually explicit nudity or sexual activity.

Similar to sexual exploitation of a minor, both adults and minors can be prosecuted for this crime. But note that this section makes it illegal to sext images to a minor (not images of a minor). So an adult who sends a nude selfie to a child could be prosecuted under this law. This could be an 18-year-old who exchanges nude selfies with a 17-year-old dating partner. An offense under this section is a class 1 misdemeanor, which carries a maximum penalty of 120 days' (four months') jail time.

(N.C. Gen. Stat. §§ 14-190.13, 14-190.15; 15A-1340.23 (2024).)

Penalties for Sending Obscenity to Minors

An adult who sends material deemed obscene (patently offensive and appealing to sexual desire) to a minor younger than 16 commits a felony. The penalties depend on the age of the child recipient. Sexting obscene images to a child younger than 13 is a class G felony, punishable by 8 to 31 months of jail time. When the child recipient is 13 to 15, the crime is a class H felony, which carries 4 to 25 months' incarceration.

(N.C. Gen. Stat. §§ 14-190.5, 14-190.7; 15A-1340.17 (2024).)

Will a Teenager Go to Juvenile or Adult Court in North Carolina?

Offenses committed by a minor younger than 18 fall under the jurisdiction (authority) of the juvenile court. A teen who commits an offense at age 18 or 19 goes to adult court and faces adult penalties.

Juvenile Delinquency Court

Judges in juvenile delinquency court generally have more discretion than adult court judges when imposing a sentence. Juvenile court orders tend to focus heavily on rehabilitation over punishment. For instance, a juvenile court judge might order a minor to participate in an educational program or counseling. A judge could also impose a curfew for the minor or suspend their driving privileges. Minors who go through juvenile court end up with an adjudication of delinquency (not a conviction).

Adult Criminal Court

Adults (including teens age 18 and 19) facing criminal charges are tried in adult criminal court. While judges in criminal court don’t have as much flexibility when meting out a punishment, it’s possible a defendant could receive probation or another sentencing alternative to prison—especially if the case involved consensual sexting by teens close in age. Judges wouldn’t likely be inclined to offer prison alternatives to older adults who are clearly exploiting young children.

(N.C. Gen. Stat. §§ 7B-1501, 7B-1706, 7B-2506 (2024).)

Speak to an Attorney

Any charges that stem from teen sexting can result in serious consequences. If you've been questioned by the police or charged with a sexting crime, speak to an experienced local criminal defense lawyer immediately. An experienced attorney can provide legal advice and help you understand what's at stake. Ask the court for a public defender if you can't afford an attorney.