New Jersey Sexting Laws (2026 Guide)


New Jersey approaches sexting involving minors differently than many other states. Rather than simply reducing penalties, New Jersey established a specific diversionary program under N.J.S.A. 2A:4A-71.1. This law allows minors to attend an educational course instead of facing prosecution for child pornography. However, if a minor fails to complete the program or is not eligible, they can face serious felony charges under the state’s “Endangering the Welfare of Children” statutes. For adults, New Jersey has strict laws against sexting with minors and non-consensual image sharing (revenge porn), with penalties that include significant prison time.

Key Points

  • Specific Teen Sexting Law: Yes (Diversionary Program N.J.S.A. 2A:4A-71.1)
  • Age of Majority: 18 years old
  • Minor-to-Minor: Eligible for diversion or 3rd Degree Crime
  • Adult-to-Minor: 2nd or 3rd Degree Crime
  • Revenge Porn Law: Yes (N.J.S.A. 2C:14-9)
  • Sex Offender Registration: Required for certain convictions if diversion fails

Penalties at a Glance

  • Teen Sexting (Diversion): Education program, no criminal record
  • Teen Sexting (Failed Diversion): 3-5 years potential custody
  • Revenge Porn: 3-5 years prison, up to $15,000 fine
  • Cyber Harassment: Up to 18 months prison
  • Child Pornography (Adult): 5-10 years prison (2nd Degree)

Table of Contents

New Jersey Teen Sexting Diversion Program

New Jersey recognized that prosecuting teenagers for child pornography for sharing consensual selfies was overly harsh. In response, the state enacted N.J.S.A. 2A:4A-71.1, which created a diversionary mechanism specifically for juveniles.

How the Program Works

This law allows a judge to suspend proceedings against a juvenile charged with sexting offenses (specifically under the “Endangering the Welfare of Children” statute) and order them to attend a remedial education or counseling program. The program is designed to teach minors about:

  • The legal consequences of sharing explicit materials
  • The non-legal consequences (impact on future education, employment, and relationships)
  • The emotional and psychological impact on victims

Eligibility Requirements

To be eligible for this diversionary program, the juvenile must typically meet certain criteria:

  • The images were usually self-generated or shared consensually between peers
  • The juvenile has not previously been adjudicated delinquent for a serious sexual offense
  • The prosecutor consents to the admission into the program (in some cases)

Outcome

If the juvenile successfully completes the program, the charges are dismissed. This means the minor avoids a criminal record and the stigma of a sex offense adjudication. If the juvenile fails to complete the program or violates its conditions, the original charges can be reinstated, and they face prosecution in juvenile court.

Penalties for Minors (If Diversion Fails)

If a minor is not eligible for the diversion program or fails to complete it, they are prosecuted under the state’s general criminal statutes, although they are handled within the juvenile justice system. The primary charge used is Endangering the Welfare of Children (N.J.S.A. 2C:24-4).

Possession vs. Distribution

Even for minors, the distinction between possession and distribution is significant:

  • Possession: Typically a crime of the third degree. In the juvenile system, this can result in up to 2 years of incarceration (though often less for first offenders).
  • Distribution (Promotion): Typically a crime of the second degree. This is a more serious offense that can carry up to 3 years of juvenile incarceration.

Because New Jersey classifies these acts as “Endangering the Welfare of Children,” a conviction, even in juvenile court, is a serious matter that can lead to sex offender registration requirements under Megan’s Law if the court determines the conduct warrants it.

Adults Sexting With Minors

The diversionary program described above applies only to juveniles. Adults (18 and older) who sext with minors face severe felony penalties under New Jersey law, regardless of whether the minor “consented” to sending the images.

Endangering the Welfare of Children (N.J.S.A. 2C:24-4)

An adult who receives, possesses, or distributes explicit images of a minor (anyone under 18) commits this crime. Consent is not a defense.

Offense Degree of Crime Potential Prison Sentence
Possession of Child Pornography 3rd Degree 3 to 5 years
Distribution / Manufacture 2nd Degree 5 to 10 years

New Jersey law is particularly strict regarding the “manufacture” of these images. If an adult asks a minor to send a nude photo, the adult can be charged with “causing or inducing a child to engage in a prohibited sexual act,” which is a second-degree crime punishable by 5-10 years in prison.

Revenge Porn (Invasion of Privacy)

New Jersey addresses “revenge porn,” the non-consensual sharing of intimate images, under its Invasion of Privacy statute, N.J.S.A. 2C:14-9.

The Offense

A person commits a crime if they knowingly disclose a photograph, film, videotape, or reproduction of another person whose intimate parts are exposed or who is engaged in sexual contact, without that person’s consent, and under circumstances where the person had a reasonable expectation of privacy.

Key Distinction: No Motive Required

Unlike some states that require proof that the sender intended to harm or harass the victim, New Jersey’s law does not require proof of motive. The act of sharing the private image without consent is sufficient for the crime.

Penalties

  • Third-Degree Crime: Most revenge porn offenses are 3rd-degree crimes.
  • Prison: 3 to 5 years.
  • Fine: Up to $15,000 (standard) or potentially up to $30,000 depending on specific circumstances.

Cyber Harassment & Unwanted Sexts

Sending unwanted unsolicited explicit images (“cyberflashing”) or using images to threaten someone can be prosecuted under the Cyber Harassment statute, N.J.S.A. 2C:33-4.1.

A person commits cyber harassment if, while communicating online or via social media with the purpose to harass another, they:

  1. Threaten to inflict injury or physical harm to a person or their property; or
  2. Knowingly send or post any lewd, indecent, or obscene material to or about a person with the intent to emotionally harm a reasonable person or place them in fear of physical or emotional harm.

Penalties

  • Fourth-Degree Crime: Punishable by up to 18 months in prison.
  • Third-Degree Crime: Charges can be elevated if the offender is 21 or older and impersonates a minor for the purpose of cyber-harassing a minor.

Child Pornography Statutes

In New Jersey, what is commonly called “child pornography” falls legally under Endangering the Welfare of Children (N.J.S.A. 2C:24-4). This statute is broad and covers:

  • Subsection b(5)(a): Possessing or viewing any material that depicts a child engaging in a prohibited sexual act.
  • Subsection b(5)(b): Controlling, importing, selling, or distributing such material.

The definition of “prohibited sexual act” is extensive and includes nudity where the purpose is sexual gratification. This broad definition is why teens sharing selfies can technically fall under this serious statute if not for the diversionary program.

Defenses

If you face charges related to sexting or revenge porn, several defenses may be available depending on the specific facts:

Diversion Eligibility

For minors, the primary strategy is securing admission into the N.J.S.A. 2A:4A-71.1 diversionary program. Arguments regarding the consensual nature of the exchange, the age proximity of the participants, and the lack of predatory intent are key to securing this outcome.

Lack of Distribution

In cases of possession, proving that the images were never shared with others can sometimes mitigate the severity of the charges or outcome, particularly in juvenile matters.

Consent (For Revenge Porn)

For charges under N.J.S.A. 2C:14-9, proving that the depicted person actually consented to the disclosure (not just the taking of the photo) is a valid defense. However, simply proving they consented to take the photo is not a defense to sharing it.

Sex Offender Registration (Megan’s Law)

New Jersey has strict sex offender registration laws, known as Megan’s Law (N.J.S.A. 2C:7-2). Convictions for Endangering the Welfare of Children generally require registration.

  • For Adults: Registration is mandatory for convictions under N.J.S.A. 2C:24-4.
  • For Juveniles: Registration is not automatic for all juvenile adjudications but can be ordered by the court depending on the severity of the offense and the minor’s history. Successful completion of the sexting diversion program avoids any registration requirement because it avoids a conviction/adjudication entirely.

Frequently Asked Questions

Is sexting a felony in New Jersey?

For adults, yes. Sexting with a minor constitutes “Endangering the Welfare of Children,” which is a second or third-degree crime (equivalent to a felony). For minors, it is technically an act of delinquency that would be a crime if committed by an adult, but they are often eligible for a diversionary program to avoid a criminal record.

Can I be charged if the minor lied about their age?

New Jersey law generally holds that “mistake of age” is not a defense for crimes involving sexual conduct with children under a certain age (specifically under N.J.S.A. 2C:4-3.2). If you are an adult, you engage in sexting with a minor at your own peril, regardless of what they told you.

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

New Jersey does not have a specific “Romeo and Juliet” law that automatically exempts close-in-age peers from sexting charges. Instead, the state relies on the diversionary program (N.J.S.A. 2A:4A-71.1) to handle these cases leniently. The prosecutor and judge have discretion to consider the age difference when deciding whether to offer diversion.

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

If you receive an unsolicited image of a minor, you should not save, share, or reply to it. Simply receiving it involuntarily is generally not a crime, but keeping it (possession) or forwarding it (distribution) is. You should delete it immediately and report it to the National Center for Missing & Exploited Children.

Is revenge porn a crime if I didn’t mean to hurt them?

Yes. Under N.J.S.A. 2C:14-9, the state does not need to prove you had an intent to harm or harass. The crime is the unauthorized disclosure of the private image itself. Your motive is irrelevant to guilt, though it might affect sentencing.

Can schools search my phone for sexts?

Under the Supreme Court ruling in New Jersey v. T.L.O., schools need “reasonable suspicion” to search a student’s belongings. If a teacher sees a student showing a nude photo to another student, that likely creates reasonable suspicion to search the phone for that specific evidence.

What to Do If Charged

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

  • Do not speak to the police. You have the right to remain silent. Police are trained to get you to admit to elements of the crime (like knowing the age of the person or admitting you pressed “send”).
  • Do not delete evidence. Once you know you are under investigation, deleting photos can lead to additional charges for “Hindering Apprehension” or tampering with evidence.
  • Hire an attorney immediately. A lawyer is essential to advocate for the diversionary program. It is not automatic; your attorney must often petition or argue for your eligibility.

Resources

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Support & Reporting

This article provides general legal information about New Jersey sexting laws as of February 2026. Laws change frequently, and this information should not be considered legal advice. If you are facing charges or need legal guidance, consult with a qualified New Jersey criminal defense attorney.

Last updated: February 2026

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