Virginia Laws on Sexting by Teens and Minors

Virginia law prohibits sexting by and with teens and minors. Punishment for a conviction varies depending on the severity of the conduct involved. Read on to learn more about sexting laws in Virginia.

What Is Sexting?

Sexting refers to the taking, sending, receiving, or sharing of nude or sexually explicit photos or videos by electronic means, such as text messages, social media posts, or emails. Especially common among teenagers, sexting can easily be used to bully or harass others.

Is Sexting a Crime in Virginia?

Sexting between consenting adults (including teens age 18 and 19) is legal, as long as the images aren’t of minors. Any sexting—by teens, minors, or adults—that involves a sexual image of a minor is considered a violation of Virginia’s child pornography laws. All of these offenses are felonies and may require sex offender registration.

Teen Sexting in Virginia

Virginia’s child pornography laws prohibit creating, distributing, or possessing “sexually explicit visual material” of a minor (younger than 18). Sexually explicit visual material includes digital images or videos that depict sexual excitement, sexual conduct, or lewd exhibition of a person’s genitals, pubic area, or buttocks or a female’s breast.

The law makes no distinction between adults and minors who make, send, receive, or possess such images—they face the same felony charges. So a 16-year-old girl who sexts a nude selfie to her 18-year-old boyfriend could be charged with creating and distributing child pornography (of her own image). The boyfriend who received the sext could also face charges for possession of child pornography.

Prosecutors have discretion as to whether or not to file charges in such cases, so it’s possible they’d choose not to press charges. But there’s also the chance they will file charges, which can mean a felony record of some sort even if it’s handled informally.

What Are the Penalties for Sexting Images of Minors in Virginia?

The penalties for child pornography depend on the act involved—possession, distribution (sharing), or creation of the image. These crimes apply to anyone who creates, sends, or receives a sext with an image of a minor. It’s also a crime to solicit a sext from a minor.

Receiving a Sext: Possession of Child Pornography

A person convicted of possessing child pornography commits a Class 6 felony, punishable by one to five years’ imprisonment and a fine up to $2,500. For a repeat violation, the penalty increases to a Class 5 felony and carries up to 10 years in prison.

Sending or Sharing a Sext: Distribution of Child Pornography

The next level in severity involves distributing or sharing child pornography, which is punishable by 5 to 20 years in prison.

Creating a Sext: Creation of Child Pornography

A person who creates child pornography faces harsh felony penalties. This could be a minor who takes a nude or sexually explicit selfie or someone else who takes or records the image. For adults (including teens age 18 or 19), some offenses carry mandatory minimum prison terms that cannot be suspended.

Minor younger than 15. If the minor depicted in the image is younger than 15, the defendant faces a prison term of 5 to 30 years. In cases where the age difference between the depicted minor and defendant is 7 years or more, the defendant faces a mandatory 5-year prison sentence for a first offense and a mandatory 15-year prison sentence for repeat offenses.

Minor age 15 to 17. A defendant who creates a sexually explicit image of a minor who is at least 15 but younger than 18 faces one to 20 years’ imprisonment. But if the defendant is at least 7 years older, the defendant faces a 3-year minimum sentence for a first offense and a 10-year minimum sentence for a repeat offense.

Soliciting a Sext from a Minor: Use of Communications Systems to Solicit Child Pornography

Any use of a computer, the internet, phone, or any other electronic means to convince a minor to create a sexually explicit image is a class 6 felony. It doesn’t matter if the minor complies or not. This crime carries one to five years' imprisonment and a fine up to $2,500.

(Va. Code §§ 18.2-374.1, 18.2-374.1:1, 18.2-374.3, 18.2-390 (2025).)

Will a Virginia Teen Go to Juvenile or Adult Court for Sexting Charges?

Minors who are younger than 18 when they commit an offense fall under the jurisdiction of the juvenile court, with some exceptions. Adults (including 18 and 19 year olds) who are charged with a crime go to adult court.

Juvenile court. In juvenile court, the judge typically has more discretion and sentencing options than in adult court. For example, a juvenile court may suspend a juvenile's driver’s license, require participation in a public service project, or send the juvenile to boot camp. If adjudicated (tried) in juvenile court, a minor who is found guilty receives an adjudication of delinquency rather than a conviction.

Juveniles tried in adult court. Virginia law allows certain minors to be transferred and tried in adult court; this includes minors age 14 or older charged with a felony. As noted above, all child pornography offenses are felonies. A juvenile who is tried as an adult faces adult penalties (such as prison time).

Adult teens in adult court. Teens who are 18 or 19 are adults and face adult penalties.

(Va. Code §§ 16.1-269.1, 16.1-271 (2025).)

Will a Sexting Crime Require Sex Offender Registration in Virginia?

Adults and juveniles tried as adults who are convicted of child pornography must register as sex offenders in Virginia. For juveniles older than 13 who go through juvenile court, the court decides if the juvenile should register as a sex offender. The court must consider the age and maturity of the juvenile offender and any relationship between the parties involved (the offender and minor depicted in the image). Juveniles age 13 and younger do not have to register.

(Va. Code Ann. §§ 9.1-901, 9.1-902 (2025).)

Speak to an Attorney

Any charges that stem from sexting images of minors carry 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 attorney will be able to provide you with legal advice, information about the courts and judges in your area, and the potential consequences of the charges against you, including whether juvenile defendants may be required to register as sex offenders. Be sure to ask your attorney about any future consequences of a conviction or adjudication. Having a felony sex crime on your record can limit your ability to get a job, housing, or public benefits down the road.