Massachusetts Sexting Laws (2026 Guide)


Massachusetts approaches sexting differently than many other states. Instead of a specific statute explicitly named “sexting,” the Commonwealth relies on its general child pornography laws to prosecute these offenses. However, recent legal updates, including a significant 2024 reform known as “An Act to Prevent Abuse and Exploitation,” have created a diversionary pathway for minors and finally criminalized revenge porn and deepfake imagery.

Under Massachusetts General Laws Chapter 272, Section 29D, minors who possess or distribute explicit images may be handled through the juvenile justice system rather than adult criminal court. This distinction is critical because adult child pornography charges in Massachusetts carry some of the most severe mandatory minimum prison sentences in the country.

Key Points

  • Specific Sexting Statute: No (uses Child Pornography laws with a juvenile exception)
  • Juvenile Diversion: Yes (M.G.L. c. 272 § 29D)
  • Age of Majority: 18 years old
  • Revenge Porn Law: Yes (Passed 2024)
  • Deepfake Ban: Yes (Includes AI-generated images)
  • Adult Penalties: Mandatory minimum prison sentences
  • Registration: Required for adult convictions

Penalties at a Glance

  • Teen Possession (Diversion): Juvenile court adjudication, counseling, community service
  • Adult Possession: Up to 5 years prison (1st offense)
  • Adult Distribution: 10-20 years state prison (Mandatory Minimum)
  • Revenge Porn: Up to 2.5 years jail, $10,000 fine

Table of Contents

Teen Sexting and Juvenile Diversion (§ 29D)

For many years, Massachusetts faced criticism because teenagers caught sexting could theoretically face the same mandatory minimum prison sentences as adult child predators. To address this, the legislature enacted M.G.L. c. 272 § 29D. This statute provides a “safety valve” for minors.

The law states that “whoever, while under the age of criminal majority, possesses, purchases or disseminates… visual material… in violation of section 29B or 29C may be punished in accordance with section 58 of chapter 119.”

What This Means for Teens

This provision effectively decriminalizes sexting for minors in the sense that it removes them from the adult criminal system. Instead of facing felony charges and prison time, minors are adjudicated in juvenile court. The focus in juvenile court is rehabilitation rather than punishment.

Outcomes in juvenile court often include:

  • Diversion Programs: Educational courses on digital safety and the legal consequences of sexting.
  • Counseling: Mandatory therapy to address underlying issues.
  • Community Service: Required volunteer hours.
  • Continued Without a Finding (CWOF): If the minor complies with probation terms, the case may be dismissed without a permanent delinquency record.

It is important to note that this is not automatic immunity. Prosecutors still have discretion, but Section 29D provides the legal framework to treat these cases as juvenile delinquency rather than adult felonies.

Child Pornography Laws (§ 29B & 29C)

Massachusetts has no distinct “sexting” crime for adults. If an adult (18 or older) sends, receives, or possesses explicit images of a minor, they are charged under the state’s rigorous child pornography statutes. These laws are extremely strict and carry mandatory minimum sentences.

Possession (§ 29C)

Under M.G.L. c. 272 § 29C, it is illegal to knowingly possess visual material of a child under 18 engaged in sexual conduct or in a state of nudity. This applies even if the image was sent consensually by the minor.

“Sexual conduct” is broadly defined to include sexual intercourse, masturbation, and lewd exhibition of the genitals, buttocks, or female breast.

Dissemination (§ 29B)

Under M.G.L. c. 272 § 29B, it is a serious felony to disseminate (send, share, or distribute) such material. This statute is often used in cases where an adult sends explicit images to a minor or shares images of a minor with others.

Penalties for Child Pornography

The penalties for child pornography in Massachusetts are among the most severe in the nation. Unlike many other crimes where judges have discretion, these offenses often carry mandatory minimums that cannot be suspended.

Possession Penalties (§ 29C)

Offense Prison Sentence Fine
First Offense Up to 5 years (State Prison) OR up to 2.5 years (House of Correction) $1,000 – $10,000
Second Offense Min. 5 years (State Prison) $5,000 – $20,000
Third+ Offense Min. 10 years (State Prison) $10,000 – $30,000

Note: A prosecution under § 29C “shall not be continued without a finding nor placed on file,” meaning judges have limited ability to offer leniency for adult offenders.

Dissemination Penalties (§ 29B)

The penalties for sharing or distributing images are significantly higher.

Offense Mandatory Minimum Maximum Sentence Fine
Any Dissemination 10 Years 20 Years $10,000 – $50,000

Yes, you read that correctly. A conviction for disseminating child pornography carries a mandatory minimum of 10 years in state prison. This applies regardless of whether money changed hands or if the offender had no prior criminal record.

Revenge Porn and Deepfake Laws

In 2024, Massachusetts passed “An Act to Prevent Abuse and Exploitation,” which finally closed a significant loophole in state law regarding “revenge porn” or non-consensual image-based sexual abuse. Before this, Massachusetts was one of the only states without a dedicated revenge porn statute.

The new law specifically criminalizes the distribution of sexually explicit images without the depicted person’s consent, even if the images were originally taken or shared consensually. This distinction is crucial, as previous “peeping tom” laws only covered images that were recorded secretly.

What is Prohibited?

The statute makes it a crime to disseminate visual material of another person who is nude or engaging in sexual conduct when:

  • The person depicted did not consent to the dissemination.
  • The distributor knew or should have known that the person did not consent.
  • The distribution was intended to harm, harass, intimidate, or coerce the depicted person, or resulted in financial gain.

AI and Deepfakes

Crucially, the 2024 legislation was forward-looking and explicitly included Artificial Intelligence (AI) and “deepfake” imagery. It is now illegal to create or distribute non-consensual sexual images that are digitally altered or generated to resemble a specific person. This means you can be charged for “revenge porn” even if the image is fake, as long as it depicts a real person without their consent.

Penalties

Violators face:

  • Up to 2.5 years in a House of Correction.
  • Fines up to $10,000.
  • Potential civil liability (victims can sue for damages).

Coercive Control and Domestic Abuse

The 2024 “Act to Prevent Abuse and Exploitation” did more than just ban revenge porn. It also expanded the definition of “abuse” under Chapter 209A (the domestic violence statute) to include “coercive control.”

Coercive control is defined as a pattern of behavior intended to threaten, intimidate, harass, isolate, control, coerce, or compel compliance of a family or household member. This is highly relevant to sexting because:

  • Threatening to release intimate photos (sextortion) is a classic form of coercive control.
  • Demanding constant access to a partner’s phone or passwords to monitor their communications is now legally recognized as abuse.
  • Forcing a partner to take or send nude photos against their will falls under this definition.

Victims of this behavior can now obtain 209A Restraining Orders (Abuse Prevention Orders) based solely on these non-physical forms of abuse. Violating such an order is a criminal offense punishable by up to 2.5 years in jail.

School and Title IX Consequences

For students, the legal system is not the only authority to worry about. Schools have their own disciplinary procedures that often move faster than the courts.

K-12 Schools

Public schools have the authority to discipline students for off-campus conduct if it creates a “substantial disruption” to the school environment. Sexting between students often spills over into school life, leading to:

  • Suspension or expulsion.
  • Removal from sports teams and extracurricular activities.
  • Documentation on the student’s disciplinary record, which may be disclosed to colleges.

Title IX Investigations

Under Title IX of the Education Amendments of 1972, schools receiving federal funding (almost all public schools and colleges) must investigate allegations of sexual harassment. Non-consensual sexting or the sharing of intimate images without consent fits the definition of sexual harassment.

A Title IX investigation is separate from a police investigation. It uses a lower standard of proof (“preponderance of the evidence” vs. “beyond a reasonable doubt”). A student can be found “responsible” by a school and expelled even if the police decide not to press criminal charges.

Sextortion and Online Safety

Sextortion is a growing crime where a perpetrator threatens to release explicit images of a victim unless they provide more images, money, or sexual favors. This falls under Massachusetts extortion statutes (M.G.L. c. 265 § 25) and the new coercive control laws.

If you are a victim of sextortion:

  • Do not pay or send more images. It rarely stops the demands.
  • Take screenshots of the threats and the profile of the person threatening you.
  • Block and report the user on the platform.
  • Contact law enforcement. In Massachusetts, you can report this to local police or the State Police High Tech Crime Unit.
  • StopNCII.org: This free tool helps prevent your intimate images from being shared on major platforms like Facebook, Instagram, and TikTok.

Federal vs. State Prosecution

Sexting and child pornography cases can be prosecuted at either the state or federal level. Federal laws (such as 18 U.S.C. § 2252A) are often used in cases involving:

  • Interstate commerce (sending images across state lines).
  • Use of the internet (which is an instrumentality of interstate commerce).
  • Large-scale distribution or production.

Interestingly, because Massachusetts has such severe state penalties (specifically the 10-year mandatory minimum for dissemination), federal prosecution is sometimes seen as a “better” outcome for certain defendants, as federal judges may have more sentencing flexibility under the Federal Sentencing Guidelines compared to the rigid state mandatory minimums. However, federal cases also carry heavy prison time and long periods of supervised release.

Adults Sexting With Minors

For an adult, sending explicit images to a minor or asking a minor to send them is extremely dangerous legally. There is no “Romeo and Juliet” exception in the child pornography statutes themselves.

  • Solicitation: Attempting to induce a minor to engage in illegal sexual conduct (including creating pornographic images) can lead to charges of Enticement of a Child under M.G.L. c. 265 § 26C.
  • Dissemination: Sending a nude photo to a minor constitutes dissemination under § 29B, carrying the 10-year mandatory minimum.

Even if the minor claims to be 18 or “consents,” it is not a defense to these statutory charges. The burden is entirely on the adult to know the age of the person they are communicating with.

Defenses and Legal Strategies

Given the severity of Massachusetts laws, legal defense often focuses on technical elements of the statutes and the classification of the offender.

Juvenile Status

For defendants under 18, the primary strategy is ensuring the case remains in juvenile court under Section 29D. An attorney will advocate for diversion programs rather than adjudication of delinquency to protect the minor’s future record.

Lack of Knowledge

The statutes require “knowing” possession or dissemination. If a defendant can prove they did not know the file contained explicit content (e.g., it was an unsolicited download they never opened), this may be a valid defense. However, “willful blindness” is not a defense.

Age Verification Issues

In some cases, the prosecution must prove the person depicted is actually a minor. If the visual material is ambiguous or the subject appears to be an adult, the defense may challenge the age determination.

Collateral Consequences

Beyond prison time and fines, a conviction for a sex offense in Massachusetts carries life-altering consequences:

  • Sex Offender Registry: Adult convictions for child pornography offenses generally require registration with the Sex Offender Registry Board (SORB). This can be public (Level 2 or 3) or accessible only to law enforcement (Level 1).
  • Employment Restrictions: Convicted offenders are often barred from working in education, healthcare, or any field involving children.
  • Housing Restrictions: Many landlords refuse to rent to registered sex offenders, and they may be restricted from living near schools or parks.
  • Deportation: For non-citizens, including green card holders, a conviction for a sex offense is an “aggravated felony” under immigration law and leads to mandatory deportation.

Frequently Asked Questions

Is sexting between two 17-year-olds illegal in Massachusetts?

Technically, yes. It fits the definition of possessing or disseminating child pornography. However, under M.G.L. c. 272 § 29D, these cases are handled in juvenile court. It is highly unlikely for such a case to result in incarceration if it is consensual and between peers, but police involvement can still lead to an arrest and court process.

What if I receive a sext I didn’t ask for?

If you receive an unsolicited image of a minor, do not forward it, save it, or reply. Delete it immediately. Possession requires “knowing” possession, so prompt deletion is your best protection. If you are an adult, you should also consider reporting it to the National Center for Missing & Exploited Children (NCMEC) to protect yourself from accusations of possession.

Can I be charged if I’m 19 and my girlfriend is 17?

Yes, and the consequences are severe. You are an adult, and she is a minor under the law for these statutes. Possessing her nude photo is a felony. Sending her a nude photo of yourself could also be considered dissemination of harmful matter to a minor. The “close in age” factor does not legally exempt you from the mandatory minimums of the child pornography statutes.

Does the revenge porn law apply if I took the photo?

Yes. The 2024 law focuses on the dissemination without consent. Even if you took the photo with permission, or if the person sent it to you voluntarily, you do not have the right to share it with others without their consent.

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 often face civil liability if their child’s actions cause harm to another (e.g., bullying, harassment, or revenge porn), and they could be sued for damages.

Can I sue someone for revenge porn in Massachusetts?

Yes. The 2024 law allows victims to pursue civil action against the perpetrator. You can sue for damages including emotional distress, lost wages, and legal fees. Additionally, you may be able to obtain a restraining order under the new “coercive control” provisions.

What is the Age of Criminal Majority in Massachusetts?

The age of criminal majority is 18. This means anyone 18 or older is tried as an adult. Those under 18 are processed through the juvenile system, which allows for the protections of Section 29D.

Resources

This article provides general legal information about Massachusetts sexting laws as of February 2026. Laws are subject to change, and this text should not be construed as legal advice. If you are facing legal issues, please consult a qualified Massachusetts criminal defense attorney.

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