Alabama Sexting Laws (2026 Guide)


Unlike some other states, Alabama has no specific statute designed to address “sexting” between minors. This legal gap creates a dangerous landscape for teenagers, as prosecutors often must rely on severe child pornography laws to address these incidents. Under Alabama Code § 13A-12-192, possessing or sharing explicit images of a minor—even a self-taken selfie shared between dating teens—can legally constitute a felony child pornography offense.

Recent updates, including amendments to § 13A-6-240, have strengthened laws against “revenge porn” and the non-consensual distribution of private images, covering both adults and minors. However, the lack of a “safe harbor” provision for consensual teen sexting means that Alabama families must be exceptionally cautious.

Key Points

  • Specific Teen Sexting Law: No (General statutes apply)
  • Age of Consent: 16 years old
  • Minor-to-Minor: Can be charged as Child Pornography (Felony)
  • Revenge Porn Law: Yes (§ 13A-6-240)
  • Online Solicitation: Yes (§ 13A-6-122)
  • Sex Offender Registration: Likely required for felony convictions

Penalties at a Glance

  • Possession of Child Porn: Class B Felony (2-20 years)
  • Production/Distribution: Class A Felony (10-99 years or life)
  • Revenge Porn (1st Offense): Class A Misdemeanor
  • Revenge Porn (2nd/Subsequent): Class C Felony

Table of Contents

The “No Sexting Law” Danger

Alabama is one of the few remaining states that has not enacted a specific “Romeo and Juliet” type statute to handle consensual sexting between minors. In states like Texas or Florida, specific laws allow for lighter penalties (like misdemeanors or diversion programs) for teens who share images with age-peer partners.

In Alabama, this safety net does not exist.

Technically, a 17-year-old who sends a nude photo to their 17-year-old boyfriend or girlfriend can be charged with production and distribution of child pornography. The recipient can be charged with possession of child pornography. Both are serious felonies. While prosecutors often exercise discretion and may choose not to pursue the harshest charges in consensual cases, the law allows them to do so.

Child Pornography Statutes (§13A-12-190 et seq.)

Because there is no specific sexting statute, cases are evaluated under Alabama’s general child pornography laws found in Title 13A, Chapter 12, Article 4.

Possession (§ 13A-12-192)

Under § 13A-12-192, a person commits a crime if they knowingly possess any material containing a visual depiction of a person under 17 years of age engaged in sexual conduct.

  • Penalty: Class B Felony
  • Prison: 2 to 20 years
  • Fine: Up to $30,000

Crucially, possession of 5 or more images is considered prima facie evidence of “intent to disseminate,” which can elevate the severity of the case or lead to additional charges.

Production and Dissemination (§ 13A-12-197)

Under § 13A-12-197, it is unlawful to produce (create) or disseminate (send/share) any visual depiction of a minor engaged in sexually explicit conduct.

  • Penalty: Class A Felony
  • Prison: 10 years to 99 years or life
  • Fine: Up to $60,000

This statute is exceptionally broad. “Production” includes taking a selfie. “Dissemination” includes hitting “send” via text, Snapchat, or AirDrop.

Revenge Porn and Non-Consensual Images (§13A-6-240)

Alabama addressed the issue of non-consensual image sharing (commonly known as “revenge porn”) with the passage of Act 2017-414, codified as § 13A-6-240. This law was updated in 2023 and 2024 to further clarify offenses.

A person commits the crime of distributing a private image if they:

  1. Knowingly distribute a private image of another person involved in sexual conduct or exposing intimate parts.
  2. Do so without the consent of the depicted person.
  3. Know that the depicted person had a reasonable expectation of privacy.

Penalties

  • First Offense: Class A Misdemeanor (Up to 1 year in jail, $6,000 fine)
  • Second or Subsequent Offense: Class C Felony (1 to 10 years in prison)
  • With Intent to Threaten/Coerce: Can be charged as Sexual Extortion (§ 13A-6-241), a Class B Felony.

Deepfakes and “Creating” Private Images

Recent amendments have expanded this section to include creating a private image. This is intended to address modern issues such as “deepfake” pornography, where AI or editing software is used to create realistic sexual images of a person without their consent.

Online Solicitation of a Child (§13A-6-122)

Adults who attempt to engage minors in sexual activity or sexting can be charged under § 13A-6-122, “Electronic Solicitation of a Child.”

A person commits this crime if they use a computer or electronic device to communicate with a person they believe to be a child (under 13, or under 17 in certain contexts) for the purpose of:

  • Soliciting sexual intercourse or deviate sexual intercourse.
  • Soliciting the child to engage in sexual conduct for the purpose of creating a visual depiction (i.e., asking for nudes).

Penalty: Class B Felony (2 to 20 years in prison).

Juvenile Justice vs. Adult Court

Because Alabama lacks a specific teen sexting law, the handling of these cases depends heavily on the discretion of the prosecutor and the juvenile court system.

Juvenile Adjudication

Most minors (under 18) charged with sexting offenses will be handled in juvenile court. The goal of juvenile court is rehabilitation rather than punishment. Outcomes might include:

  • Diversion Programs: Counseling, community service, and education in exchange for dropping charges.
  • Probation: Strict supervision and rules.
  • Adjudication of Delinquency: The juvenile equivalent of a conviction.

Charged as an Adult

While rare for simple sexting, a minor can be charged as an adult in Alabama, particularly if they are older (16 or 17) and the offense is serious (e.g., non-consensual distribution, coercion, or large-scale dissemination). If charged as an adult, they face the full range of felony penalties and mandatory sex offender registration.

Sex Offender Registration (SORNA)

Alabama has one of the strictest sex offender registration laws in the country, the Sex Offender Registration and Community Notification Act (SORNA).

  • Adult Convictions: Conviction for possession or distribution of child pornography requires lifetime registration.
  • Juvenile Adjudications: Generally, juveniles adjudicated delinquent for sex offenses are not required to register under SORNA unless the court specifically orders it or the case is transferred to adult court. However, this is a complex area of law and judicial discretion plays a huge role.

Potential Defenses

Without a statutory “Romeo and Juliet” exception for sexting, defense attorneys must rely on other legal strategies:

1. Lack of Intent (“Knowingly”)

The statutes generally require that the person “knowingly” possessed or distributed the material. If a teen received an image unsolicited and immediately deleted it, they may argue they did not possess it with the requisite criminal intent.

2. Illegal Search and Seizure

Many sexting cases arise from school officials or police searching a student’s phone without a warrant or proper justification. A skilled attorney can challenge the admissibility of evidence obtained in violation of the Fourth Amendment.

3. Age of the Image

If the person depicted in the image cannot be proven to be under 17, the child pornography statutes do not apply. However, other statutes (like the distribution of private images) might still be relevant.

Frequently Asked Questions

Is sexting a felony in Alabama?

Yes. Because there is no specific misdemeanor sexting law, sexting acts generally fall under child pornography statutes, which are Class B or Class A felonies. However, juvenile courts often handle these cases with more leniency than adult courts.

What if I just received the photo and didn’t ask for it?

Technically, “possession” is a crime. However, if you did not solicit the image, did not save it, and deleted it immediately, it is difficult for prosecutors to prove “knowing possession.” The safest course of action is to not view, save, or share the image, and to report it to a parent or authority figure.

Can my school search my phone for sexts?

Schools have broad authority to search students, but they still need “reasonable suspicion” that a school rule or law has been broken. A “fishing expedition” search of a phone without specific cause may be illegal. If a school administrator asks for your passcode, you have the right to refuse, though you should be polite. Contact a lawyer immediately.

Does Alabama have a “Romeo and Juliet” law for sexting?

No. Alabama does not have a specific statutory exception for sexting between peers close in age. This is a major gap in the state’s legal code compared to other states.

What happens if I turn 18 and still have photos from when I was 17?

This is extremely dangerous. Once you turn 18, you are an adult. Possessing images of a minor (even if you took them when you were a minor, or if the person depicted was your partner) becomes a clear-cut case of adult possession of child pornography. You should delete all such material immediately.

Resources

Legal & Support

Official Statutes

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Alabama laws are subject to change. If you are facing legal issues related to sexting or image distribution, contact a qualified criminal defense attorney in Alabama immediately.

Leave a Comment