Minnesota Sexting Laws (2026 Guide)


Minnesota law takes a strict approach to sexting involving minors, classifying it under the state’s serious child pornography statutes. Unlike some other states that have created specific “teen sexting” laws with lighter penalties, Minnesota generally prosecutes these offenses under statutes for the “Use of Minors in Sexual Performance” or “Possession of Child Sexual Abuse Material.” This means that even teenagers sharing images with other teenagers can legally face felony charges, although prosecutors may exercise discretion. The state has also updated its laws to explicitly include AI-generated “deepfake” imagery.

Key Points

  • Specific Teen Sexting Law: No (prosecuted under general statutes)
  • Age of Majority: 18 years old
  • Production/Distribution: Felony (Statute §617.246)
  • Possession: Felony (Statute §617.247)
  • Revenge Porn Law: Yes (Statute §617.261)
  • Consent Defense: No (consent is not a defense)

Penalties at a Glance

  • Possession (First Offense): Up to 5 years prison, $5,000 fine
  • Distribution (First Offense): Up to 10 years prison, $20,000 fine
  • Revenge Porn: Gross Misdemeanor (up to 1 year jail)
  • Solicitation: Up to 3 years prison

Table of Contents

Minnesota’s Lack of a Teen Sexting Law

A critical distinction in Minnesota law is the absence of a statute specifically designed for “teen sexting” or minor-to-minor exchanges. While other states have created misdemeanor categories for consensual sexting between peers, Minnesota statutes technically categorize these acts as felonies involving child sexual abuse material.

This leaves the handling of such cases largely up to prosecutorial discretion. Prosecutors decide whether to charge a teenager with a felony, divert the case to a less serious program, or drop charges entirely. This lack of statutory guidance means that legal outcomes can vary significantly depending on the county and the specific circumstances of the case.

Production and Distribution (§617.246)

The most serious charges related to sexting fall under Minnesota Statute §617.246, titled “Use of Minors in Sexual Performance Prohibited.” This statute covers the creation (taking a photo or video) and distribution (sending or sharing) of the material.

Under this law, it is unlawful to promote, employ, use, or permit a minor to engage in a “sexual performance” or create “child sexual abuse material.”

What Counts as “Sexual Conduct”?

The statute defines “sexual conduct” broadly to include:

  • Sexual intercourse (actual or simulated)
  • Masturbation
  • Lewd exhibition of the genitals
  • Physical contact with clothed or unclothed pubic areas, buttocks, or female breasts for sexual gratification

Therefore, a selfie showing nudity or sexual acts falls under this definition.

Understanding “Lewd Exhibition”

One of the most complex areas of Minnesota law involves the definition of “lewd exhibition of the genitals.” Not every nude photo is automatically considered a “lewd exhibition” under legal standards, although the line is incredibly blurry for minors. Courts generally look at several factors to determine if a specific image meets this threshold:

  • Focal Point: Is the genital area the primary focus of the image?
  • Setting: Was the image taken in a sexualized context (e.g., a bathroom selfie vs. a medical photo)?
  • Attire: Is the subject partially clothed in a way that accentuates the genitals?
  • Pose: Is the subject posing in a way intended to be sexually suggestive?
  • Intent: Was the image created for sexual gratification or stimulation?

For teenagers, this distinction is often lost. Prosecutors typically view any self-produced nude image sent to a romantic partner as having sexual intent, effectively making the “lewd exhibition” argument a default assumption. This puts teenagers at immense risk because they often do not understand that a “flirty” photo meets the legal definition of “sexual performance.”

Federal vs. State Jurisdiction

Because the internet has no borders, sexting often involves sending data across state lines. This potentially brings federal laws into play, adding another layer of legal peril.

Interstate Commerce

When an image is sent via the internet (social media, email, or even texting apps that route data through out-of-state servers), it technically enters “interstate commerce.” This gives federal authorities jurisdiction under 18 U.S.C. § 2252A.

Federal Penalties

Federal child pornography laws are even more severe than Minnesota state laws. Mandatory minimum sentences are common in the federal system. While federal prosecutors rarely target local teen sexting cases, the possibility exists, especially in cases involving:

  • Coercion or Extortion: If one teen threatens another to get images (“sextortion”).
  • Large Scale Distribution: If images are posted to public websites or widely distributed.
  • Adult Involvement: If an adult is soliciting images from a minor across state lines.

In most peer-to-peer cases, local Minnesota county attorneys will retain jurisdiction. However, the potential for federal charges is a stark reminder of the seriousness of these offenses.

Penalties for Distribution

The penalties for violating §617.246 are severe felonies:

Offense Classification Maximum Fine Maximum Prison Time
First offense (Production/Distribution) Felony $20,000 10 years
Second offense Felony $40,000 15 years
Involving minor under 14 Felony $40,000 15 years

Possession Laws (§617.247)

Even if a person did not take the photo or send it, merely having it on their phone can lead to charges. Minnesota Statute §617.247, “Possession of Child Sexual Abuse Material,” makes it a felony to knowingly possess any material depicting a minor in sexual conduct.

Penalties for Possession

Offense Classification Maximum Fine Maximum Prison Time
First offense (Possession) Felony $5,000 5 years
Second offense Felony $10,000 10 years

The statute also includes a provision for “Dissemination” (sharing) under this section, which carries a penalty of up to 7 years in prison and a $10,000 fine. This creates an overlapping charging option for prosecutors alongside §617.246.

AI-Generated Imagery and Deepfakes

Minnesota has proactively updated its laws to address the rise of artificial intelligence in sexual imagery. The definition of “child sexual abuse material” in §617.246 Subd. 1(f) now explicitly includes:

  • Visual depictions created, adapted, or modified to appear that an identifiable minor is engaging in sexual conduct
  • Depictions of an individual indistinguishable from an actual minor created by the use of generative artificial intelligence

This means that creating or possessing “deepfake” pornography that resembles a minor, or even purely AI-generated characters that appear to be minors engaging in sexual acts, carries the same felony penalties as material involving real children.

Defenses and Consent

Minnesota law is exceptionally strict regarding defenses for these crimes. The statutes explicitly remove common excuses that defendants might try to use.

Consent is Not a Defense

Both §617.246 Subd. 5 and §617.247 Subd. 6 state clearly: “Neither consent to sexual performance by a minor or the minor’s parent, guardian, or custodian nor mistake as to the minor’s age is a defense to a charge of violation of this section.”

This implies that even if the minor explicitly asked to be photographed, or if the sender claimed they thought the recipient was 18, it offers no legal protection against the charge itself.

No Statutory “Romeo and Juliet” Defense

Unlike Texas or other states that have specific “age proximity” defenses (e.g., if both parties are within 2 years of age), Minnesota statutes do not contain a built-in “Romeo and Juliet” exception. Any leniency regarding age proximity comes entirely from the prosecutor’s discretion or the judge’s sentencing decisions, not from the law itself.

Revenge Porn Laws (§617.261)

Minnesota addresses the non-consensual sharing of intimate images (often called “revenge porn”) under Statute §617.261, “Nonconsensual Dissemination of Private Sexual Images.”

It is a crime to intentionally disseminate an image of another person depicted in a sexual act or with intimate parts exposed when:

  1. The person is identifiable
  2. The actor knows or should know the person did not consent to the dissemination
  3. The image was obtained under circumstances where the person had a reasonable expectation of privacy

Penalties for Revenge Porn

  • Standard Offense: Gross Misdemeanor (up to 1 year in jail and/or $3,000 fine)
  • Felony Offense: Up to 3 years in prison and/or $5,000 fine if:
    • The victim suffers financial loss due to the dissemination
    • The actor posts the image online for profit
    • The actor maintains a website for disseminating such images
    • The actor intends to harass the victim
    • The actor has a prior conviction under this chapter

Solicitation of a Minor (§609.352)

Adults who attempt to engage minors in sexting or sexual acts face charges under Statute §609.352, “Solicitation of Children to Engage in Sexual Conduct.”

A person 18 or older who solicits a child (or someone they believe to be a child) to engage in sexual conduct, or to engage in a sexual performance (creating images), is guilty of a felony. This applies even if no physical contact ever occurs.

Penalty: Up to 3 years imprisonment and a fine of up to $5,000.

Juvenile Justice Process

Because Minnesota lacks a specific teen sexting law, minors charged with these offenses enter the juvenile justice system. While the charges technically start as felonies, the system emphasizes rehabilitation over punishment for youth. However, the path through the system can vary greatly.

Adjudication vs. Conviction

One of the most confusing aspects for parents is the difference between an “adjudication of delinquency” and a criminal conviction. In juvenile court, a minor is not technically “convicted” of a crime. Instead, they are “adjudicated delinquent.”

  • Adjudication of Delinquency: This is the juvenile equivalent of a conviction. It means the court found the minor committed the act. This record is generally private but can still have consequences for future background checks, military service, or security clearances.
  • Stay of Adjudication: A much better outcome. The judge accepts the minor’s guilty plea but does not formally enter the judgment. If the minor completes probation successfully, the charges are dismissed.
  • Continuance for Dismissal: The best possible outcome short of immediate dismissal. The case is put on pause (continued) for a set period (e.g., 6-12 months). If the minor stays out of trouble, the case is dismissed completely without any plea being entered.

Diversion Programs

In many cases, especially for first-time offenders where the conduct was peer-to-peer, prosecutors may offer a “diversion” program before the case even goes to court. This typically involves:

  • Completing an educational course on digital safety
  • Community service (often 20-50 hours)
  • Probation periods where phone usage is monitored
  • Therapy or counseling to address underlying issues
  • Writing apology letters (if appropriate)

Successful completion of diversion often results in the charges being dismissed, allowing the minor to avoid a formal adjudication on their record.

Extended Jurisdiction Juvenile (EJJ)

For more serious cases—such as those involving coercion, large-scale distribution, or younger victims—a prosecutor might seek an “Extended Jurisdiction Juvenile” (EJJ) designation. This is a hybrid status between juvenile and adult court.

Under EJJ, the minor receives:

  1. A juvenile disposition (e.g., probation until age 21, counseling, residential treatment).
  2. A stayed adult prison sentence.

The stakes in EJJ are incredibly high. If the minor violates the terms of their juvenile probation (e.g., fails a drug test, skips school, re-offends), the court can revoke their status and immediately impose the adult prison sentence. This creates a “sword of Damocles” hanging over the child’s head until they turn 21.

Sex Offender Registration

One of the most severe risks of Minnesota’s legal structure is the potential for sex offender registration. Because sexting is prosecuted under general sex crime statutes (like §617.246), a conviction can trigger a requirement to register as a predatory offender.

However, under Statute §243.166, registration requirements are complex. While adult convictions for these offenses mandate registration, the court has more discretion in juvenile cases. Avoiding adjudication through diversion is the primary way to ensure a minor avoids this life-altering label.

Long-Term Consequences

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

Educational Impact

Schools often conduct their own investigations into sexting incidents that involve students, even if they occur off-campus. This can lead to suspension, expulsion, or transfer to an alternative school.

Digital Permanence

Once an image is shared, it is nearly impossible to completely remove from the internet. The revenge porn statute provides a legal mechanism to punish those who share it, but it cannot undo the social damage.

Employment and Housing

If a case results in a formal adjudication or conviction, it may appear on background checks. A record involving “child sexual abuse material” carries a heavy stigma that can bar individuals from many careers, especially those involving children, healthcare, or government security clearances.

Frequently Asked Questions

Is sexting illegal in Minnesota if both teens are 17?

Yes. Technically, under Minnesota law, a 17-year-old is a minor. Creating or possessing an image of a minor engaging in sexual conduct is a felony under §617.246 or §617.247. While prosecutors often use discretion for consensual cases between peers close in age, the act itself remains a violation of the statute.

What if I just received the photo and didn’t ask for it?

If you receive an unsolicited photo, you are in possession of child sexual abuse material, which is a felony under §617.247. To protect yourself, you should not save, screenshot, or forward the image. The safest legal course is to delete it immediately. Unlike some states, Minnesota does not have a specific statutory “unsolicited receipt” defense written into the law.

Can parents take my phone if they suspect sexting?

Yes. Parents generally have the right to monitor their minor child’s device usage. However, if a parent finds explicit images of minors on the phone, they should be careful not to forward the images (which constitutes distribution). They should contact legal counsel or law enforcement for guidance on how to handle the evidence without committing a crime themselves.

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

No. Minnesota statutes do not contain a specific “Romeo and Juliet” clause that automatically exempts sexting between close-in-age peers from prosecution. Any leniency is entirely up to the discretion of the prosecutor or judge handling the case.

What are the penalties for deepfake porn in Minnesota?

Creating or sharing deepfake pornography that depicts a minor (or appears to be a minor) is treated exactly the same as real child pornography. Under the 2026 updates to §617.246, this is a felony punishable by up to 10 years in prison and a $20,000 fine for a first offense.

Can schools punish students for sexting at home?

Yes. Minnesota courts have generally upheld the right of schools to discipline students for off-campus conduct if it causes a “substantial disruption” to the school environment. Sexting incidents often spill over into school through bullying, gossip, or sharing of images on school grounds.

What to Do If Charged

Because Minnesota laws are so severe, taking immediate and correct action is vital:

Do:

  • Remain Silent: Do not speak to police, school administrators, or investigators without a lawyer present.
  • Hire an Attorney: Find a criminal defense lawyer who specializes in juvenile law and sex crimes.
  • Delete Nothing (Unless Advised): While possessing the image is illegal, deleting evidence after an investigation starts can lead to tampering charges. Ask your lawyer for specific instructions.

Do Not:

  • Do Not Share: Never forward the image to anyone, not even to a friend to ask for advice. Every send is a new felony charge.
  • Do Not Confront: Do not contact the person involved in the images or potential witnesses.
  • Do Not Post: Avoid discussing the incident on social media.

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This article provides general legal information about Minnesota sexting laws as of February 2026. Laws change frequently, and this information should not be considered legal advice. Because Minnesota lacks a specific teen sexting statute, cases can be complex. If you are facing charges, consult with a qualified Minnesota criminal defense attorney immediately.

Last updated: February 2026

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