Maryland Sexting Laws (2026 Guide)


Maryland has specific laws addressing sexting involving minors. These laws give judges options to handle teen sexting cases with education rather than harsh criminal penalties. Under Courts and Judicial Proceedings § 3-8A-35, courts must consider a minor’s age and circumstances. This allows them to avoid detention for consensual sexting between peers. However, adults who sext with minors still face serious felony charges under child pornography statutes.

Key Points

  • Specific Teen Sexting Law: Yes (Cts. & Jud. Proc. § 3-8A-35)
  • Age of Majority: 18 years old
  • Minor-to-Minor: Educational programs (mitigated)
  • Adult-to-Minor: Felony charges likely
  • Revenge Porn Law: Yes (Crim. Law § 3-809)
  • Sex Offender Registration: Generally not for juvenile adjudications

Penalties at a Glance

  • Teen Sexting (Mitigated): Education, community service
  • Revenge Porn: Up to 2 years jail, $5,000 fine
  • Possession (Child Porn): Up to 5 years, $2,500 fine
  • Distribution (Child Porn): Up to 10 years prison, $25,000 fine

Table of Contents

Maryland Teen Sexting Law (§ 3-8A-35)

Maryland passed specific legislation in 2021 to address the issue of teenagers sending explicit images to one another. Before this law, such actions were technically classified as child pornography distribution. The statute is found in Courts and Judicial Proceedings § 3-8A-35.

This law creates a “mitigating factor” in juvenile court proceedings. It does not technically make teen sexting legal. Instead, it directs the court to handle these cases differently than adult child pornography cases.

Qualifying for Mitigation

To qualify for reduced penalties under this section, the following conditions typically apply:

  • The defendant is a child (under 18).
  • The age difference between the defendant and the other child is not more than 4 years.
  • The sexting activity was consensual.
  • The court finds that the act does not warrant placement in a detention facility.

Required Outcomes

If the court finds these conditions are met, it may not place the child in a detention facility. Instead, the court is required to order the child to participate in an age-appropriate educational program. This program must cover the legal and non-legal consequences of posting or sharing intimate images. This approach focuses on rehabilitation and education rather than punishment.

Child Pornography Statutes

Despite the juvenile mitigation law, the underlying statutes regarding explicit images of minors remain active. These are the laws that adults are charged under. Teens can also be charged under these laws if they do not qualify for the § 3-8A-35 mitigation.

Possession of Explicit Material (§ 11-208)

Under Criminal Law § 11-208, it is illegal to knowingly possess a film, videotape, photograph, or other visual representation depicting a minor engaged in sexual conduct. This statute applies if the person knows or reasonably should know that the individual depicted is a minor.

The law defines “minor” in this context as an individual under the age of 16 for simple possession charges. However, other statutes cover minors up to age 18.

Distribution and Production (§ 11-207)

A more serious offense is found in Criminal Law § 11-207. This statute prohibits creating, distributing, or possessing with intent to distribute child pornography. This includes:

  • Soliciting a minor to pose for explicit photos.
  • Sending explicit photos of a minor to others.
  • Printing or publishing such images.

Maryland courts have held that a minor can be both the “pornographer” and the victim. In the case In re S.K. (2019), the court ruled that a teen taking a nude selfie could technically violate these statutes, although the 2021 juvenile law now mitigates how these cases are handled.

Penalties for Sexting Offenses

The penalties for sexting in Maryland depend heavily on whether the offender is charged as a juvenile or an adult, and which specific statute is cited.

Juvenile Dispositions

For teens qualifying under the juvenile sexting law (§ 3-8A-35):

  • No Detention: The court is prohibited from ordering detention for qualifying offenses.
  • Education: Mandatory participation in educational programs about digital safety and legal consequences.
  • Community Service: The court may order community service hours.
  • Probation: Supervised probation is a possible outcome.

Adult Penalties (Child Pornography)

For adults, or juveniles transferred to adult court, the penalties are severe:

Offense Classification Maximum Fine Maximum Prison Time
Possession (§ 11-208) Misdemeanor $2,500 5 years
Possession (Subsequent) Felony $10,000 10 years
Distribution (§ 11-207) Felony $25,000 10 years
Distribution (Subsequent) Felony $50,000 20 years

Sharing Obscene Material to Minors (§ 11-203)

Another relevant charge is Criminal Law § 11-203. This prohibits showing or giving obscene material to a minor. It is a misdemeanor punishable by up to 1 year in jail and a $1,000 fine for a first offense.

Revenge Porn Laws (§ 3-809)

Maryland has a specific statute addressing “revenge porn,” officially known as the non-consensual distribution of intimate images. This is found in Criminal Law § 3-809.

A person violates this law if they knowingly distribute a visual representation of another identifiable person that displays intimate parts or sexual activity:

  • With the intent to harm, harass, intimidate, threaten, or coerce.
  • Knowing that the person did not consent to the distribution.
  • Under circumstances where the person had a reasonable expectation of privacy.

Penalty: This offense is a misdemeanor. A conviction carries a potential sentence of imprisonment not exceeding 2 years and/or a fine not exceeding $5,000.

Defenses and Mitigation

There are several legal defenses available in Maryland sexting cases. These depend on the specific facts of the situation.

Prompt Destruction

Under Criminal Law § 11-208(e), it is a specific defense to a possession charge if the defendant:

  1. Promptly destroyed the visual representation.
  2. Promptly reported the matter to a law enforcement officer.

This defense is crucial for individuals who receive unsolicited images and immediately delete them.

Reasonable Effort to Verify Age

For charges involving showing obscene material to a minor (§ 11-203), it is a defense if the defendant made a reasonable effort to verify that the recipient was of legal age, such as checking a driver’s license.

Juvenile Mitigation Factors

As discussed, the primary defense for teens is establishing that they qualify for the mitigation under § 3-8A-35. This requires proving the age proximity (within 4 years) and the consensual nature of the exchange.

Adults Sexting With Minors

Adults who engage in sexting with minors face the full weight of Maryland’s child pornography laws. There is no “Romeo and Juliet” exception for adults in the child pornography statutes regarding possession or distribution.

An adult (18+) who requests, receives, or possesses explicit images of a minor (under 18) commits a crime. Even if the minor consented to send the images, the adult can be charged. Consent is not a defense for statutory crimes involving minors.

Additionally, adults who use the internet to solicit a minor for sexual acts can be charged under Criminal Law § 11-304 (Receiving earnings of prostitute) or federal solicitation laws depending on the conduct.

Juvenile Justice Process

Maryland’s juvenile system operates differently from the adult criminal system. The focus is on the “best interests of the child” and public safety.

Intake and Informal Resolution

Many sexting cases begin with a referral to the Department of Juvenile Services (DJS). An intake officer reviews the case. For first-time offenders involved in consensual sexting, the officer may propose an informal resolution. This avoids court entirely. It might involve a warning letter, a parent conference, or a short educational program.

Adjudication

If the case goes to court, it is called an “adjudicatory hearing” rather than a trial. The judge determines if the allegations are proven. If proven, the next step is a “disposition hearing” (sentencing). This is where § 3-8A-35 applies, guiding the judge to avoid detention and order education instead.

Sex Offender Registration

The requirement to register as a sex offender is a major concern in sexting cases.

Juveniles

Generally, juveniles adjudicated delinquent in Maryland do not automatically have to register as sex offenders. Registration is typically reserved for adults or juveniles charged as adults for serious offenses. The legislative intent behind the 2021 sexting law was specifically to prevent labeling teens as sex offenders for peer-to-peer sexting.

Adults

Adults convicted of child pornography offenses (possession or distribution) are required to register on the Maryland Sex Offender Registry. This is a Tier II or Tier III offense depending on the specific charge. It requires registration for 25 years or for life. This includes quarterly in-person verification and public listing on the registry website.

Long-Term Consequences

Even without jail time, a sexting incident can have lasting impacts.

Digital Footprint

Once an image is shared, control is lost. It can be copied, saved, and re-shared indefinitely. This can lead to cyberbullying, school disciplinary actions, and future embarrassment.

School Disciplinary Action

Schools often have their own policies regarding sexting. Even if the police do not file charges, a student can face suspension or expulsion if the conduct causes a disruption to the school environment. This is true even if the sexting occurred off-campus.

Employment and College

While juvenile records are generally sealed, an adult conviction (or a juvenile charged as an adult) will appear on background checks. This can bar individuals from careers in education, healthcare, law enforcement, and government.

Frequently Asked Questions

Is it illegal for two 17-year-olds to sext in Maryland?

Technically, the images they create are considered child pornography because they depict minors. However, under the juvenile sexting law (§ 3-8A-35), if they are close in age and the act is consensual, the court will treat it as a mitigated offense. The likely outcome is education rather than detention or a criminal record.

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

Parents are generally not criminally liable for their child’s actions unless they facilitated the crime. However, parents could potentially face civil liability if their child’s actions caused harm to another (like in a revenge porn or harassment scenario) and they failed to supervise adequately.

What counts as “intimate parts” under Maryland law?

For the revenge porn statute, “intimate parts” is defined in § 3-809 to include the naked genitals, pubic area, buttocks, or female nipple.

Does Maryland have a specific “Romeo and Juliet” law?

Maryland does not have a statute explicitly named “Romeo and Juliet” that applies to all sex crimes. However, the juvenile sexting law (§ 3-8A-35) functions similarly by providing leniency for peers who are close in age (within 4 years).

If I find sexts on my child’s phone, what should I do?

Do not forward the images to anyone, even to send them to yourself for safekeeping or to show other parents. That constitutes distribution of child pornography. You should confiscate the phone and consult with a lawyer or contact law enforcement to report the possession appropriately.

Can I be charged with revenge porn if I just show the picture to one person?

Yes. The definition of “distribute” in § 3-809 includes giving, transferring, or allowing access to another person. It does not require posting it publicly on the internet. If you show it with the intent to harm or harass, you can be charged.

What to Do If Charged

If you or your child is contacted by law enforcement regarding sexting:

Step 1: Remain Silent

Do not answer questions from police officers without an attorney present. You have the right to remain silent. Anything you say can be used against you.

Step 2: Do Not Delete Evidence

While it is illegal to possess the images, deleting them after an investigation has started can lead to charges of tampering with evidence. Turn the device off and give it to your attorney.

Step 3: Hire an Attorney

Find a criminal defense lawyer who has experience with Maryland juvenile law and sex crimes. They can navigate the specific mitigation statutes and work to keep the case in juvenile court.

Resources

Legal Help

Support and Counseling

This article provides general legal information about Maryland sexting laws as of February 2026. Laws are subject to change. This information is not legal advice. If you need legal assistance, please consult a qualified attorney in Maryland.

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