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any material containing child pornography.įederal law also makes it a crime for someone to cause a minor to take part in sexually explicit conduct in order to portray that conduct (for example to post it online, take photos or videos to share, and so on).

any image of a minor actually engaging in sexually explicit conduct, or.

any obscene visual depiction of a minor engaged in sexually explicit conduct.

One way prosecutors can go after illegal sexting is with a law called the 'Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today (PROTECT) Act.' The Act makes it illegal to use the mail, computer, or any instrument of 'interstate or foreign commerce' (including phones, cars, and other items that transport things and images) to send or receive: Prosecutors have several tools at their disposal even though there's no federal law specifically addressing sexting. One common scenario is revenge porn, for example, when an ex-boyfriend distributes private nude photos in an effort to get back at his ex-girlfriend.ĭepending on the circumstances, sexting can also be a crime under federal law. Or, they could be sued in civil court for causing emotional distress or other damage. Sexting as Harassmentįinally, an adult who shares nude or sexual photos of another adult without their permission, or who sends unwanted sexts to someone could be charged with harassment. For example, a school teacher who sends a photo of their genitals to a student could be convicted of disseminating obscenity. In many states, it's illegal to share with children anything obscene or sexual in nature. Second, an adult who sends a nude or sexual photo of him or herself to a child could also be convicted of a crime. Disseminating Obscene Material to Children Time and again, people have been arrested and convicted for sex crimes after they strike up a conversation online with an officer posing as a 15-year-old girl on social media or in a chat room and ask the 'girl' to share nude photos of herself. Similarly, in many states it's a crime to ask a child under the age of 18 to share a nude photo of him or herself (this is sometimes called child enticement)-even if the 'child' is really a law enforcement officer posing as a child as part of a sting operation. For example, one young man was charged with possessing child pornography because he had nude photos on his phone of his 16-year-old live-in girlfriend, who was also the mother of his child.

Some states have enacted defenses against child pornography charges for teens (sometimes including kids up to 19 years old) who engage in sexting, but such defenses don't apply to older adults. In most states, sexting images of or to a minor constitutes a felony or misdemeanor.īelow are some other situations where adults of any age can find themselves in serious legal trouble for sexting Child Pornography and Child Enticementįirst, an adult who receives or shares a nude or sexual image of a child under the age of 18 can be charged with possessing or sending child pornography. If a young adult is involved in a relationship with someone a few years younger, the law might consider certain acts illegal because one party is a minor. Most states consider 18- and 19-year-olds to be adults. There are circumstances under which sexting by adults could result in criminal charges.Ī classic example is texting by a teen who is an adult. But between consenting adults, the private sharing of nude or suggestive photos is generally not illegal.īut that does not mean that adults shouldn't be cautious. Certain states have laws specific to sexting between minors. Sexting is the sharing of nude or sexually explicit messages or photos, usually by smartphone or some other electronic device or means. Read on to find out about the differences between legal and illegal sexting, and the consequences of committing a sexting crime.

#Ona nude full

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