Illinois Sexting Laws (2026 Guide)


Illinois takes a distinct approach to teen sexting compared to many other states. While the state has strict laws against child pornography, lawmakers have created a specific non-criminal framework for handling minor-to-minor sexting cases. Under 705 ILCS 405/3-40, minors involved in sexting are often classified as “Minors Requiring Authoritative Intervention” (MRAI) rather than being charged with sex crimes. However, adults involved in sexting with minors face severe felony charges under the state’s child pornography and indecent solicitation statutes.

Key Points

  • Specific Teen Sexting Law: Yes (705 ILCS 405/3-40)
  • Approach: Non-criminal supervision (MRAI) for most teens
  • Adult-to-Minor: Class 1 to Class X Felony
  • Revenge Porn Law: Yes (720 ILCS 5/11-23.5)
  • Civil Remedies: Yes (740 ILCS 190/)
  • Sex Offender Registration: Generally not for MRAI adjudication

Penalties at a Glance

  • Teen Sexting (MRAI): Supervision, counseling, community service
  • Revenge Porn (Adult): Class 4 Felony (1-3 years prison)
  • Child Pornography (Possession): Class 2 or 3 Felony
  • Child Pornography (Dissemination): Class X Felony (6-30 years)

Table of Contents

Illinois Teen Sexting Law (MRAI)

Illinois law recognizes that labeling teenagers as sex offenders for consensual sexting is often disproportionate and damaging. To address this, the state amended the Juvenile Court Act to include specific provisions for minors involved in the distribution of explicit images.

Minors Requiring Authoritative Intervention (MRAI)

Under 705 ILCS 405/3-40, a minor may be considered a “Minor Requiring Authoritative Intervention” if they are:

  • Under 18 years of age
  • Absent from home without consent
  • Beyond the control of parents
  • Involved in the electronic dissemination of indecent visual depictions

This classification allows the juvenile court to intervene without filing criminal charges for child pornography. The focus is on correcting the behavior rather than punishment.

Outcomes of MRAI Adjudication

When a teen is handled under the MRAI statute, the court has several options to address the behavior:

  • Court Supervision: The minor may be placed under supervision for a specific period.
  • Counseling: Mandatory educational programs or counseling sessions regarding the dangers of sexting.
  • Community Service: Required hours of service to the community.
  • Device Restrictions: The court may limit or monitor the minor’s access to cell phones and the internet.

Crucially, an MRAI adjudication is not a criminal conviction. It does not result in a sex offender registration requirement, which protects the minor’s future opportunities for education and employment.

Child Pornography Laws (§11-20.1)

While the MRAI statute offers a lenient path for some teens, Illinois retains strict child pornography laws under 720 ILCS 5/11-20.1. Prosecutors may still choose to charge minors under this statute in serious cases, and it is the primary statute used for adults who possess or distribute images of minors.

Definition of the Offense

A person commits the offense of child pornography if they knowingly:

  • Film, videotape, photograph, or create a computer depiction of a child under 18 engaged in sexual conduct.
  • Possess with intent to disseminate any such material.
  • Reproduce or disseminate (share, send, post) any such material.
  • Possess any such material (even without intent to share).

“Sexual conduct” in Illinois is broadly defined and includes lewd exhibition of the genitals or breast, meaning simple nude selfies fall under this definition.

When Teens Are Charged as Adults

Although the MRAI statute exists, it is not guaranteed. A prosecutor may decide to pursue felony child pornography charges against a minor if:

  • The images were shared non-consensually (revenge porn).
  • The minor used coercion or threats to obtain the images.
  • The minor is close to 18 and the victim is significantly younger.
  • There is a high volume of images or widespread distribution.

Penalties for Child Pornography

The penalties for violating 720 ILCS 5/11-20.1 are extremely severe. Illinois categorizes felonies from Class 4 (lowest) to Class X (highest).

Offense Type Felony Class Potential Sentence
Possession of Child Pornography Class 3 Felony 2 to 5 years prison
Possession (Subsequent Offense) Class 2 Felony 3 to 7 years prison
Dissemination (Sharing/Sending) Class X Felony 6 to 30 years prison
Reproduction/Creation Class X Felony 6 to 30 years prison

Dissemination vs. Possession

It is critical to note the massive difference between possession and dissemination. Simply forwarding a received image moves the offense from a Class 3 Felony (probationable) to a Class X Felony (non-probationable, mandatory prison time). This strict liability applies regardless of whether the sender realized the severe legal distinction.

Indecent Solicitation of a Child

Adults who attempt to engage in sexting with minors often face charges of Indecent Solicitation of a Child under 720 ILCS 5/11-6. This statute specifically covers internet-based “grooming” behaviors.

A person commits this offense if they:

  • Are 17 years of age or older.
  • Solicit a child (under 17) or someone they believe to be a child.
  • Do so to perform an act of sexual conduct or sexual penetration.

Subsection (a-5) specifically targets internet solicitation. It is illegal to arrange a meeting or solicit sexual acts via the internet, text message, or other electronic means.

Penalties

  • Basic Offense: Class 4 Felony (1-3 years).
  • Solicitation of Sexual Penetration: Class 1 Felony (4-15 years).
  • Solicitation via Internet (Grooming): Can range from Class 3 to Class 1 depending on the specific intent and age of the victim.

Revenge Porn Laws

Illinois has robust laws addressing “Non-consensual Dissemination of Private Sexual Images,” commonly known as revenge porn. This applies to images of both adults and minors.

Criminal Statute (§11-23.5)

Under 720 ILCS 5/11-23.5, it is a crime to disseminate an image of another person engaged in a sexual act or with intimate parts exposed if:

  1. The image was obtained under circumstances where a reasonable person would know it was to remain private.
  2. The person in the image did not consent to the dissemination.

Penalty: This is a Class 4 Felony, punishable by 1 to 3 years in prison and fines up to $25,000.

Civil Remedies (740 ILCS 190/)

Victims can also sue for damages under the Civil Remedies for Nonconsensual Dissemination of Private Sexual Images Act. This law allows victims to recover:

  • Actual damages (emotional distress, economic loss).
  • Punitive damages.
  • Attorney’s fees and court costs.

Courts can also issue emergency orders requiring the immediate removal of the images from websites or social media platforms.

Electronic Harassment & Cyberstalking

Sexting cases often involve related charges if the behavior involves persistence or threats.

Harassment Through Electronic Communications (§26.5-3)

Under 720 ILCS 5/26.5-3, it is illegal to use electronic communication to make obscene comments or threats with the intent to offend, threaten, or harass. This is a Class B Misdemeanor for a first offense.

Cyberstalking (§12-7.5)

Under 720 ILCS 5/12-7.5, a person commits cyberstalking if they use electronic communication to harass a person on at least two separate occasions and create a reasonable apprehension of bodily harm. This is a Class 4 Felony.

Defenses

If you are charged with a sexting-related offense in Illinois, several legal defenses may apply depending on the specific statute used.

For Teen Sexting (MRAI)

The primary goal for a defense attorney in a teen sexting case is to ensure the minor is processed under the MRAI statute rather than criminal statutes. Factors supporting this include:

  • The consensual nature of the exchange.
  • The age proximity of the participants (e.g., two 16-year-olds).
  • The lack of further distribution (no “revenge porn” element).
  • Clean prior record.

For Child Pornography Charges

  • Lack of Intent: You did not intend to disseminate the image.
  • Unsolicited Receipt: You received the image involuntarily and did not solicit it. However, you must generally show you did not keep or share it.
  • No “Sexual Conduct”: Arguing that the image does not meet the strict legal definition of sexual conduct or lewd exhibition under Illinois law.

Juvenile Records & Expungement

One of the most critical aspects of Illinois law regarding teen sexting is the protection of juvenile records.

If a case is handled via the MRAI statute:

  • There is no public criminal conviction.
  • The records are generally confidential.

Under the Juvenile Court Act, many juvenile records can be expunged (erased) once the minor turns 18 or 21, provided they have not committed subsequent offenses. It is vital to consult with an attorney to file the necessary petitions for expungement, as this process is rarely automatic.

Frequently Asked Questions

Is sexting a felony in Illinois?

For adults, possessing or distributing sexual images of minors is a felony (Child Pornography). For teens handled under the MRAI statute, it is a non-criminal adjudication. However, non-consensual dissemination (revenge porn) is a Class 4 Felony for anyone charged as an adult.

Can I be charged if I just received the photo and didn’t ask for it?

Mere receipt is generally not prosecuted if you did not solicit the image. However, keeping the image (possession) or forwarding it (dissemination) constitutes a crime. The best course of action is to delete the image immediately and not share it with anyone.

What happens if I show the photo to a friend but don’t send it?

Showing a photo on your phone to another person can legally constitute “dissemination” or “exhibition” under Illinois law. This can trigger the same severe penalties as sending the file electronically.

Does the MRAI law apply to 18-year-olds?

No. The MRAI statute (705 ILCS 405/3-40) specifically applies to minors under 18. Once you turn 18, you are an adult in the eyes of the law and are subject to full adult criminal penalties, including mandatory sex offender registration for child pornography convictions.

Can parents be held liable for their child’s sexting?

Parents are generally not criminally liable for their child’s actions unless they facilitated them. However, parents can be held civilly liable for damages in some cases under the Parental Responsibility Law if their child maliciously causes harm to another person.

Is it illegal to sext with my boyfriend if we are both 17?

Technically, creating or possessing nude images of anyone under 18 is child pornography. However, Illinois authorities typically use the MRAI statute for consensual cases between peers to avoiding ruining teenagers’ lives. While it is “illegal,” the consequences are authoritative intervention rather than prison.

How do I get my photos off the internet?

If you are a victim of revenge porn, you can seek a civil protective order mandated removal under 740 ILCS 190/. You should also report the content to the hosting platform immediately, as many have policies against non-consensual intimate imagery (NCII).

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This article provides general legal information about Illinois sexting laws as of February 2026. Laws regarding technology and digital privacy evolve rapidly. This information is not legal advice. If you need legal assistance, please consult a qualified Illinois criminal defense attorney.

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