Sexting and Child Pornography Laws
The vast majority of American teenagers own cell phones and communicate with other teenagers through them. As they develop romantic and sexual interests in their peers, they may send or receive sexually explicit photos or videos. This behavior is known as “sexting,” which most often occurs consensually as a form of flirting. Even if neither the sender nor the recipient is harmed, either or both of them may face criminal consequences under the laws of their state.
Parents may want to have a candid conversation with their teenage or adolescent child about sexting, urging them to refrain from the activity. In addition to the threat of prosecution, parents might emphasize the fact that the sender of an explicit image cannot fully control what happens to that image after it is transmitted. Parents also might urge their child to resist any pressure from a peer to send them explicit images, even if they are romantically interested in them.
How State Laws Address Sexting
In some states, sexting falls within standard child pornography laws, which can carry lengthy prison terms and other harsh penalties. One of the most damaging consequences of a child pornography conviction is being designated as a sex offender. This can undermine a child’s future educational and employment opportunities, as well as affecting where they can live and potentially harming their personal relationships.
As of 2022, however, 27 states have enacted specific sexting laws. Two-thirds of these states define sexting as an offense distinct from child pornography. Sexting is usually classified as a misdemeanor in these states, which carries lighter penalties. “Romeo and Juliet” exceptions to these laws may provide an affirmative defense to misdemeanor sexting if the sender and recipient are close in age and have a romantic relationship. Approaches in the other states with specific sexting laws include:
- Creating an exception from child pornography laws for teenage sexting
- Providing for diversionary programs in which teenagers are educated about the potential negative consequences of sexting
- Reducing penalties under child pornography laws when the offense involved certain forms of sexting
- Creating an affirmative defense to child pornography charges based on sexting
Even if parents live in a state that has a relatively lenient sexting law, they should contact a criminal or juvenile defense attorney if they are concerned that their child may face charges related to sexting.
Responding to a Sexting Incident
Parents may be alarmed if they find out that their child has sent or received explicit images. However, they may benefit from talking calmly with their child about the situation and finding out the details, such as why they sent or received the images and whether they sent any images that they received to someone else. They can ask a child to delete any explicit images or videos that they may have received and stored on their cell phone or another electronic device. Depending on the situation, parents may want to talk to the parents of other children involved in the incident.
Sometimes a parent may want to share the information with the school, but this is not always the best idea for a child. If the school has a mandatory reporting policy for these incidents, the police may get involved and make the situation much more serious than it needs to be. However, reporting the incident to the school or even directly to the police may make sense when the sexting was non-consensual and malicious, such as revenge porn or sextortion.
