Alaska Sexting Laws (2026 Guide)


Alaska has some of the strictest laws in the nation regarding sexting, as the state has not enacted a specific “teen sexting” misdemeanor statute to distinguish minor-to-minor exchanges from serious child pornography offenses. Consequently, minors involved in sexting can potentially face felony charges under general child sexual abuse material (CSAM) statutes. The relevant laws are found primarily in Title 11 of the Alaska Statutes.

Key Points

  • Specific Teen Sexting Law: No (General felony statutes apply)
  • Age of Consent: 16 years old (for sexual activity)
  • Taking/Possessing Nude Images: Must be 18+ years old
  • Minor-to-Minor Sexting: Potentially Class C Felony
  • Revenge Porn Law: Yes (AS 11.61.120)
  • Sex Offender Registration: Required for felony convictions

Penalties at a Glance

  • Possession of CSAM: Class C Felony (up to 5 years)
  • Distribution to Minors: Class C Felony
  • Revenge Porn: Class B Misdemeanor (up to 10 days jail)
  • Online Solicitation: Class C Felony or higher

Table of Contents

Teen Sexting: The Legal Gap

Unlike many other states that have created “Romeo and Juliet” exceptions or specific misdemeanor categories for teen sexting, Alaska law treats visual material depicting a minor in a sexual manner as “indecent material” or “child sexual abuse material” regardless of the sender’s age. This creates a significant legal risk for teenagers.

There is currently no specific statute in Alaska that lowers the penalty for a minor who sends a nude photo to another minor. As a result, prosecutors have the discretion to charge these acts under serious felony statutes intended for adult offenders.

Indecent Material to Minors (AS 11.61.128)

Under Alaska Statute 11.61.128, a person commits the crime of “distribution of indecent material to minors” if they knowingly distribute material depicting sexual penetration, masturbation, or lewd exhibition of genitals to a minor. While this law is often used for adults targeting children, its language does not explicitly exempt minor defendants.

Child Sexual Abuse Material Laws

The primary statutes governing sexting behavior are found in the child pornography sections of the criminal code. Alaska generally refers to this as “child sexual abuse material” (CSAM) or “indecent material.”

Possession (AS 11.61.127)

Under AS 11.61.127, a person commits the crime of “possession of child sexual abuse material” if they knowingly possess or access any material that visually depicts a minor engaging in sexual conduct. This includes:

  • Sexual penetration or intercourse
  • Masturbation
  • Lewd exhibition of the genitals, anus, or female breast

This offense is a Class C felony. Importantly, the statute does not require the prosecution to prove that the defendant knew the specific identity of the minor depicted.

Distribution (AS 11.61.125)

Under AS 11.61.125, distributing, advertising, or promoting such material is a more serious offense. Distribution of child sexual abuse material is generally a Class B felony.

Penalties for Minors

Because sexting falls under felony statutes, the potential penalties are severe. However, how a case is handled often depends on whether the offender is charged as a juvenile or an adult.

Juvenile Adjudication

Most minors (under 18) involved in sexting will be handled through the juvenile justice system. While “delinquency” is different from a criminal conviction, the consequences can still be significant:

  • Probation: Supervised release with strict conditions.
  • Counseling: Mandatory sex offender treatment or therapy.
  • Detention: Confinement in a youth facility (usually for repeat or serious offenses).
  • Device Confiscation: Loss of phones, computers, and internet access.

Adult Charges

In rare or egregious cases, or if the offender is close to 18, prosecutors could potentially seek to charge a minor as an adult. An adult conviction for a Class C felony carries a presumptive term of up to 5 years in prison and fines up to $50,000.

Affirmative Defenses

Alaska provides limited affirmative defenses for possession charges, which may apply in some “unsolicited receipt” sexting scenarios.

The “Unsolicited Receipt” Defense

Under AS 11.61.127(e), it is an affirmative defense to a possession charge if the defendant:

  1. Possessed or accessed fewer than three depictions; AND
  2. Without allowing anyone else to view them (except law enforcement), either:
    • Took reasonable steps to destroy the depictions; OR
    • Reported the matter to law enforcement and allowed them access.

This defense is critical for anyone who receives an unwanted nude image. The law incentivizes immediate deletion or reporting rather than keeping or sharing the image.

Note: There is no explicit “dating relationship” or “Romeo and Juliet” defense written into the sexting statutes for possession or distribution, making Alaska’s law particularly strict compared to states like Texas or California.

Revenge Porn Laws (AS 11.61.120)

Alaska addresses non-consensual distribution of intimate images (commonly known as “revenge porn”) under its harassment statutes.

Under AS 11.61.120(a)(6) (Harassment in the second degree), a person commits a crime if, with intent to harass or annoy another person, they publish or distribute electronic or printed photographs or films that show:

  • The genitals, anus, or female breast of the other person; OR
  • That person engaged in a sexual act.

Penalty

This offense is a Class B misdemeanor, punishable by up to 10 days in jail and a fine of up to $2,000. Unlike the felony sexting statutes, this law specifically targets the intent to harass, making it the primary tool for prosecuting revenge porn cases where the victim is an adult.

Online Solicitation of a Minor

Adults who attempt to engage minors in sexting or sexual activity online face severe penalties under AS 11.41.455, “Online Enticement of a Minor.”

A person commits this crime if they use a computer or electronic device to solicit or entice a child under 18 to engage in sexual conduct or to arrange a meeting for sexual purposes. This is a Class C felony or higher depending on the circumstances and the age of the child.

Sex Offender Registration

One of the most dangerous aspects of Alaska’s lack of a specific teen sexting law is the potential for sex offender registration.

Under AS 12.63.100, individuals convicted of sex offenses must register with the state. Because possession (AS 11.61.127) and distribution (AS 11.61.125) of child sexual abuse material are classified as sex offenses, a conviction can trigger mandatory registration.

  • Duration: Registration in Alaska is typically for 15 years or life, depending on the offense severity and prior history.
  • Public Database: Registrants are listed on the public Alaska Sex Offender Registry, which can affect employment, housing, and social standing.

While juvenile adjudications generally do not require public registration in the same way adult convictions do, the risk remains a serious consideration in how these cases are defended.

Long-Term Consequences

Beyond the immediate legal penalties, a sexting incident in Alaska can haunt a young person for years:

Educational Impact

  • Schools often suspend or expel students involved in sexting, even if it occurred off-campus.
  • Disciplinary records may be disclosed to colleges or universities.

Digital Footprint

  • Once an image is shared, it is impossible to completely retract it from the internet.
  • Images may be shared on “shaming” sites or used for extortion (sextortion).

Employment

  • A felony record or sex offender registration status makes it extremely difficult to find employment, particularly in education, healthcare, or government sectors.

Frequently Asked Questions

Is sexting illegal if both teens are 17?

Technically, yes. In Alaska, you must be 18 to legally possess or distribute nude images. Even if the age of consent for sexual activity is 16, the laws regarding images of sexual conduct are stricter. Two 17-year-olds exchanging nude photos could theoretically be charged with possession or distribution of child sexual abuse material.

What if I received a photo I didn’t ask for?

You should immediately delete it and tell the person not to send any more. Under AS 11.61.127(e), you have a defense if you possess fewer than three such images and destroy them or report them to police without showing anyone else.

Can parents be held responsible?

Parents are generally not criminally liable for their child’s actions unless they facilitated them. However, they could face civil liability lawsuits if their child’s actions caused harm to another child, such as in cases of cyberbullying or revenge porn.

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

No. While “Romeo and Juliet” provisions exist for physical sexual contact (reducing penalties for close-in-age peers), there is no comparable statutory exception for sexting (creating/sharing CSAM) in Alaska law as of 2026.

Is revenge porn a felony in Alaska?

Generally, no. Revenge porn (non-consensual distribution of intimate images with intent to harass) is prosecuted as Harassment in the Second Degree (AS 11.61.120), which is a Class B misdemeanor. However, if the subject of the image is a minor, it becomes a felony under CSAM laws.

What to Do If Charged

Given the severity of Alaska’s laws, if you or your child is facing an investigation for sexting:

Do:

  • Hire an Attorney: This is crucial. Because Alaska lacks a specific “slap on the wrist” statute for teens, you need a lawyer who can negotiate with prosecutors to avoid felony charges.
  • Remain Silent: Do not speak to police without your lawyer present.
  • Preserve Evidence: Do not delete evidence after an investigation has started, as this can be considered tampering with evidence. (Deleting unsolicited images before an investigation is generally the correct action).

Do Not:

  • Talk to School Officials: They may be required to report what you say to the police.
  • Contact the Victim: This can be seen as intimidation or harassment.
  • Try to “Explain” Yourself: You cannot talk your way out of a felony charge without legal representation.

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This article provides general legal information about Alaska sexting laws as of February 2026. Alaska’s laws are strict and subject to change. This information is not legal advice. If you are facing charges, consult with a qualified Alaska criminal defense attorney immediately.

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