Wyoming’s sexting laws that prohibit the creation and dissemination of explicit photos depicting a minor engaged in sexual conduct. Section 6-4-303 and State Statute 6-4-305. Quick take: If both the victim and accused are below 18, the accused will face trial in juvenile court. Anyone convicted under 6-4-303 Sexual Exploitation of a Minor must register … Read more
There are no specific laws in Wisconsin related to sexting currently. This means that according to the Wisconsin Department of Public Instruction, the dissemination of sexually explicit images depicting a minor constitutes child pornography. Consequently, the state punishes sexting under its child pornography laws. Quick take: Teens above 17 will face trial in adult court. … Read more
Under West Virginia sexting laws (H.B. 2357), any teen who completes the state’s diversion program will not be under the statute for their breach of law. Quick take: State law requires prosecutors to prioritize the diversion program if both the accused and victim are below 18. Successful completion of the state’s diversion program will result … Read more
Under house bill 1724-2019-20, Washington sexting law. Sexting between teens that involves the exchange of indecent media is a misdemeanor or gross misdemeanor. Quick take: Washington sexting laws require prosecutors to prioritize diversion for first time youth offenders. Disseminating images of a child below 12 is a Class B felony even if the accused is … Read more
There are no specific sexting laws in Virginia; consequently, taking reasonable steps to delete the images or reporting the conduct to someone with authority over the teen may save you from felony child pornography charges. Quick take: Virginia child pornography law does not distinguish between teen and adult offenders. Teens convicted of possession, dissemination or … Read more
Under house bill 71, Utah’s sexting law, it is unlawful to distribute harmful material to a minor or pornography. Depending on the person’s age, sending or receiving the sexts sexting can be a misdemeanor or felony. Quick take: Sexting is a class A misdemeanor if the actor is below 16 and a class B misdemeanor … Read more
Texas has a few laws directly related to sexting – Penal code section 43.261 – A minor “Intentionally or knowingly” sending another minor an explicit photo or video can be a class B or C misdemeanor. Additionally, in 2019 Texas introduced Penal Code 21.19, which is a revenge porn statute protecting against the transmission of … Read more
Refreshed in 2019, § 37-1-1-148 “illegal use of a telecommunication device by a minor.” is the Tennessee sexting law. Under the statute, it is unlawful for teens to possess or disseminate explicit content. Quick take: Tennessee Sexting Laws do not prevent prosecutors from pursuing exploitation of a minor, child pornography, or other charges. Anyone above 18 … Read more
Section 26-10-33 -juvenile sexting prohibited– is South Dakota’s sexting law. Under the statute it is unlawful for teens to create, produce, or disseminate nude pictures or images depicting a child engaged in a sexual act. Quick take: Sexting in South Dakota is a class 1 misdemeanor if all parties involved are below 18. An adult … Read more
South Carolina laws/statutes specifically related to sexting do not exist in a traditional sense, however, you can still be charged under much more harsh obscenity and child pornography statutes. Quick Take – § 16-15-305 through § 16-15-440: It is unlawful to disseminate or allow a minor to peruse harmful material. Mistake-of-age is not a defense … Read more