Idaho Sexting Laws (2026 Guide)


Idaho law distinguishes between “sexting” involving minors and more serious child exploitation offenses, primarily through Idaho Code §18-1507A. This statute, titled “Sexual Exploitation of a Child by Electronic Means,” was enacted to prevent teenagers from being branded as sex offenders for consensual sharing of intimate images. However, the law still carries significant penalties, including potential felony charges for widely distributing images or using them for coercion.

For adults, or for minors who fall outside the specific protections of §18-1507A, charges can be brought under the severe “Sexual Exploitation of a Child” statute (§18-1507) or the “Video Voyeurism” statute (§18-6609), which covers revenge porn.

Key Points

  • Specific Teen Sexting Law: Yes (Idaho Code §18-1507A)
  • Age of Majority: 18 years old
  • Minor-to-Minor (Single Recipient): Misdemeanor
  • Broadcasting/Wide Sharing: Misdemeanor (1st) or Felony (2nd+)
  • Revenge Porn Law: Yes (covered under Video Voyeurism §18-6609)
  • Reporting Exception: Yes, for reporting to parents/police

Penalties at a Glance

  • Teen Sexting (1st Offense): Misdemeanor (Juvenile Court)
  • Teen Sexting (Coercion/Blackmail): Felony
  • Possession (Age Gap > 3 Years): Felony (Sexual Exploitation)
  • Adult Child Pornography: Severe Felony (Prison time)

Table of Contents

Idaho Teen Sexting Law (§18-1507A)

Idaho’s primary law addressing teen sexting is Idaho Code §18-1507A, “Sexual Exploitation of a Child by Electronic Means.” This statute applies specifically to minor children (under 18) and differentiates between consensual sharing and malicious distribution.

Self-Produced Images (Subsection 1)

A minor commits a misdemeanor if they:

  • Create or cause to be created photographic or video content of themselves that depicts explicit sexual conduct.
  • Knowingly and willfully distribute it to a single recipient.
  • Are not induced by coercion, manipulation, or fraud.

Multiple Recipients / Broadcasting (Subsection 2)

The penalties increase if the minor distributes the image “in such a way… that multiple parties would receive or have access to the image.” This covers posting images on social media, public group chats, or websites.

  • First Offense: Misdemeanor
  • Second or Subsequent Offense: Felony

This distinction is critical: sending a private photo to a boyfriend or girlfriend is treated differently than blasting that same photo out to the entire school body or posting it on X (Twitter) or Instagram.

Penalties for Teen Sexting

Under §18-1507A, penalties are tiered based on the severity of the action and the offender’s history.

Offense Type Classification Typical Consequence
Single Recipient (Self-Created) Misdemeanor Juvenile adjudication, probation, counseling
Multiple Recipients (1st Offense) Misdemeanor Juvenile adjudication, community service
Multiple Recipients (2nd+ Offense) Felony Potential detention, stricter supervision
Sharing 3rd Party Images (1st Offense) Misdemeanor Juvenile adjudication
Using Images for Coercion/Blackmail Felony Serious felony charges, potential detention

The “Coercion” Clause (Subsection 5)

The most severe penalties in the teen sexting statute are reserved for malicious behavior. Under §18-1507A(5), a minor who receives content and distributes or threatens to distribute it for the purpose of:

  • Coercing any action
  • Causing embarrassment
  • Controlling or manipulating the sender

…is guilty of a felony. This effectively covers “revenge porn” or “sextortion” committed by minors.

Possession and Age Gaps

Possessing explicit images of minors is generally a serious crime. However, §18-1507A(3) provides a specific framework for minors possessing images of other minors.

The 3-Year Age Rule

A minor who knowingly possesses sexually explicit content of another minor is guilty of a misdemeanor only if:

  • The depicted minor is not more than three (3) years younger than the possessing minor.

Critical Warning: If the depicted minor is more than 3 years younger than the defendant, the possession charge is elevated to a violation of §18-1507(2)(a), which is the general felony Sexual Exploitation of a Child statute. This carries much harsher penalties and potential sex offender registration.

Revenge Porn and Video Voyeurism (§18-6609)

For adults (and minors in some contexts), the non-consensual sharing of intimate images is prosecuted under Idaho Code §18-6609, the “Video Voyeurism” statute.

While originally designed to catch “peeping toms,” this law includes provisions that effectively ban revenge porn. It creates a criminal offense for anyone who:

  • With the intent to annoy, terrify, threaten, intimidate, harass, offend, humiliate, or degrade…
  • Intentionally disseminates, publishes, or sells any image of another person…
  • Whose intimate areas are exposed or who is engaged in a sexual act…
  • When the person had a reasonable expectation of privacy.

Penalty: Video voyeurism is a felony in Idaho. Penalties can include significant prison time and fines.

Child Exploitation Laws (§18-1507)

When conduct falls outside the scope of the “teen sexting” statute (§18-1507A)—such as when an adult is involved, or the age gap is greater than three years—prosecutors use Idaho Code §18-1507, “Sexual Exploitation of a Child.”

This is Idaho’s primary child pornography statute. It makes it a felony to:

  • Possess or access sexually exploitative material (child pornography).
  • Cause or induce a child to engage in sexual conduct for the purpose of creating such material.
  • Distribute, publish, or exchange such material.

Penalties: Convictions under §18-1507 are felonies punishable by substantial prison sentences (often up to 10 or 20 years depending on the specific subsection) and mandatory sex offender registration.

AI-Generated Imagery (Deepfakes)

Idaho has moved to address the rise of AI-generated sexual imagery (“deepfakes”). In March 2024, Governor Brad Little signed legislation explicitly prohibiting the creation and dissemination of AI-generated non-consensual sexual imagery.

This legislation ensures that using Artificial Intelligence to create realistic sexual depictions of a person (minor or adult) without their consent is treated with similar severity to sharing actual images. This falls under the broader scope of sexual exploitation and video voyeurism laws.

Defenses and Reporting Exceptions

The “Safe Harbor” for Reporting (§18-1507A(6))

Idaho law includes a crucial protection for minors who want to do the right thing. A minor who receives explicit content and distributes it only to:

  • A parent or guardian
  • One having custody of the minor
  • A law enforcement official

…for the purpose of reporting the activity is not guilty of a crime under §18-1507A.

This encourages teens to report illegal images without fear that showing the evidence to an adult will get them charged with “distribution.”

Juvenile vs. Adult Court

Subsection 7 of §18-1507A explicitly states that proceedings for teen sexting violations “shall fall under the jurisdiction of the juvenile corrections act.”

This means cases are handled in juvenile court, where the focus is on rehabilitation rather than punishment. Outcomes typically involve:

  • Probation
  • Counseling or educational courses on digital safety
  • Community service
  • Confiscation of devices

However, if a minor is charged with a serious felony under §18-1507 (Sexual Exploitation) due to a large age gap or egregious conduct, prosecutors may in some cases seek to charge them as an adult, depending on the minor’s age and criminal history.

Frequently Asked Questions

Is it a crime to have a nude photo of myself on my own phone?

No. Idaho Code §18-1507A(1) creates an offense when a minor distributes the content to another person. Simply creating and keeping it on your own device is not penalized under this specific section, though sharing it creates the legal risk.

Can I be charged if I didn’t ask for the photo?

If you receive an unsolicited photo, you generally aren’t liable for receiving it. However, if you keep it (possession) or forward it (distribution), you could face charges. The safest course of action is to delete it immediately or report it to a parent/police under the reporting exception.

What counts as “distribution”?

Distribution is broad. It includes sending via text, DM, AirDrop, Snapchat, email, or showing the image on your phone to another person. “Showing” can be considered “publishing” or “displaying” under the law.

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

Sort of. The “3-year age gap” rule in §18-1507A(3) functions like a Romeo and Juliet provision. It keeps possession charges as misdemeanors (rather than felonies) if the depicted minor is not more than 3 years younger than the defendant.

Can parents be in trouble?

Parents are generally not criminally liable for their child’s sexting unless they facilitated it. However, if a parent finds an image on their child’s phone and forwards it (even to other parents to “warn” them), they could technically be violating distribution laws. Parents should only forward such material to law enforcement.

Is sexting a sex offense that requires registration?

Misdemeanor convictions under §18-1507A (Teen Sexting) typically do not require sex offender registration. However, felony convictions under §18-1507 (Sexual Exploitation) generally do require registration.

What to Do If Charged

If you or your child is facing an investigation for sexting or distribution of explicit images:

  • Do not speak to police without an attorney. You have the right to remain silent.
  • Do not try to “explain” the situation to investigators. Admissions can be used against you.
  • Do not delete evidence if you know an investigation is pending, as this can lead to “destruction of evidence” charges.
  • Contact a defense attorney who specializes in juvenile law and sex crimes immediately.

Resources

Disclaimer: This article provides general legal information about Idaho laws as of February 2026. It is not legal advice. Laws are subject to change, and specific facts can alter legal outcomes. Consult a qualified Idaho attorney for legal counsel.

Leave a Comment