South 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 South Carolina's sexual exploitation laws. Read on to learn more about teen sexting laws in South 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 South Carolina?

Sexting between consenting adults is legal in South Carolina, as long as the images aren't of minors. However, sexting images of or to minors falls under South Carolina's laws prohibiting child pornography and sending obscene images to minors—both of which carry harsh felony penalties and may require sex offender registration.

These laws were originally enacted to protect kids from sexual predators, not necessarily from other kids.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, South Carolina is not one of these states.

South Carolina's Laws on Teen Sexting

Sexting images of or to minors falls under South Carolina's child pornography (called sexual exploitation) and obscenity laws. These laws prohibit creating, sharing, and possessing child pornography, as well as sending obscene images to minors.

Child pornography includes images of a minor engaged in "sexual activity" or appearing in a state of "sexually explicit nudity." "Sexual activity or conduct" includes sexual intercourse, masturbation, and sexual touching of genitals, the pubic area, buttocks, or a female nipple. "Sexually explicit nudity" includes uncovered or semi-transparent showing of genitals, pubic area, buttocks, or a female nipple or covered male genitals in a turgid state.

Teen selfies. South Carolina's laws do not distinguish between sending images of oneself or another minor, so presumably, a minor who sexts a selfie could be prosecuted under these laws.

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.

(S.C. Code § 16-15-375 (2025).)

What Are the Penalties for Teen Sexting in South Carolina?

Sexting images of a minor—for both senders and receivers—can result in harsh felony charges.

Sexual Exploitation of a Minor

Any individual (adult or minor) who knowingly creates, shares, receives, solicits, or possesses a digital file that depicts a sexually explicit image of a minor (see definition of child pornography above) commits the crime of sexual exploitation of a minor. This could be a teen who takes a sexually explicit selfie and sexts it to another minor. The teen taking the image is guilty of creating and sharing child pornography. The receiver has also violated the child pornography laws by receiving, possessing, and possibly soliciting these images.

Penalties for Second-Degree Sexual Exploitation of a Minor

The penalty for knowingly creating, sharing, soliciting, or receiving a sexually explicit image of a minor is a felony punishable by 2 to 10 years in prison. (Mistake of age is not a defense.)

(S.C. Code § 16-15-405 (2025).)

What Are the Penalties for Sexting With a Minor in South Carolina?

Adults (including teens age 18 or 19) who sext their nude or sexually explicit image (obscenity) to a minor commit a felony. "Obscenity" is a depiction of sexual conduct that is patently offensive (repugnant and distasteful) and reflective of purely lustful purposes.

Sexting an obscene image to a minor age 12 or younger constitutes a 15-year felony. If the minor is age 13 to 17, the penalty is a 10-year felony.

(S.C. Code §§ 16-15-305, 16-15-345, 16-15-355, 16-15-385 (2025).)

(Note: South Carolina law also makes it a 10-year felony for any person—adult or minor—to send harmful material to a minor. "Harmful material" includes a digital image depicting sexually explicit nudity or sexual activity. However, this statute was held unconstitutional as it applies to digital files sent or received online. Given this ruling, it doesn't seem likely a prosecutor would try to use this statute in a sexting case. (Southeast Booksellers v. McMaster, 371 F.Supp.2d 773 (D. S.C. 2004).)

Are Teen Sexting Charges Heard in South Carolina Juvenile or Adult Court?

Minors who commit offenses when they are younger than 18 fall under the jurisdiction of South Carolina's juvenile justice system. Juvenile courts generally have more flexibility and discretion than adult courts when ordering a sentence (called a disposition in juvenile court). Most juveniles will be heard in juvenile court, but some could end up in adult court.

Teens who are 18 or 19 when they commit these offenses go to adult court. They can face jail or prison time and fines.

(S.C. Code §§ 63-19-20, 63-19-1210 (2025).)

Will a Teen Sexting Offense Result in Sex Offender Registration in South Carolina?

South Carolina requires adults convicted of any of the above offenses to register as sex offenders. Judges may require minors age 14 or older to register if adjudicated delinquent of these offenses.

In South Carolina, sex offender registration can follow someone for life.

(S.C. Code §§ 23-3-430, 23-3-436 (2025).)

Speak to an Attorney

Any charges that stem from teen sexting can result in very serious consequences for those directly involved. If you've been questioned by the police or charged with a sexting crime, speak with an experienced criminal defense lawyer or request a public defender. An attorney can help you navigate the juvenile or criminal justice system, protect your rights, raise defenses, and understand the consequences of an adjudication or a conviction.