New York Sexting Laws (2026 Guide)


New York takes a strict approach to sexting, classifying most offenses involving minors under serious felony child pornography statutes. Unlike some states with specific misdemeanor “teen sexting” laws, New York primarily relies on judicial diversion programs to handle minor-to-minor cases, rather than a separate lower-level criminal statute. Under Penal Law § 60.37, courts have the discretion to divert teen cases to educational programs, but the underlying charges often remain severe felonies until resolved.

Key Points

  • Specific Teen Sexting Law: No (uses Diversion Statute § 60.37)
  • Age of Protection: Under 17 (Promotion), Under 16 (Possession)
  • Minor-to-Minor: Felony charges possible; Diversion likely
  • Revenge Porn Law: Yes (Penal Law § 245.15)
  • Sex Offender Registration: Required for convictions under Article 263
  • Raise the Age: 16 & 17-year-olds processed as Adolescent Offenders

Penalties at a Glance

  • Revenge Porn: Class A Misdemeanor (up to 1 year jail)
  • Possession (Child < 16): Class E Felony (up to 4 years prison)
  • Distribution (Child < 17): Class D Felony (up to 7 years prison)
  • Use of a Child: Class C Felony (up to 15 years prison)

Table of Contents

New York Teen Sexting Diversion (§ 60.37)

New York does not have a specific “teen sexting” crime that automatically reduces charges to a misdemeanor. Instead, a teen who sends an explicit image could theoretically face the same felony child pornography charges as an adult predator. However, recognizing the difference between teenage experimentation and predation, New York enacted Penal Law § 60.37.

This statute allows the court to accept a specialized disposition (outcome) for sexting cases involving young people. This is often referred to as a “diversion program.”

Eligibility for Diversion

To qualify for this favorable disposition under § 60.37, the following criteria generally apply:

  • Age of Parties: Both the sender and the recipient must be less than 20 years old.
  • Age Difference: The sender must be no more than 5 years older than the recipient.
  • Consent: The conduct must typically be consensual (no coercion or threats).

How the Program Works

If deemed eligible, the court may adjourn the case and order the defendant to complete an educational program. This program typically focuses on:

  • The legal consequences of sexting
  • The non-legal impacts (social, educational, career)
  • Healthy relationships and digital citizenship

Upon successful completion of the program, the court may dismiss the charges or offer a non-criminal disposition, helping the teen avoid a felony record and sex offender registration.

Child Pornography Laws (Article 263)

Without the protection of the diversion program, sexting offenses fall under New York’s severe “Sexual Performance by a Child” statutes in Article 263. New York law treats self-taken nude photos (selfies) as “performances,” meaning a minor taking a photo of themselves is technically creating child pornography.

What Constitutes a “Sexual Performance”?

Under Penal Law § 263.00, a sexual performance includes any photograph or video depicting “sexual conduct,” which is defined as:

  • Actual or simulated sexual intercourse
  • Masturbation
  • Sexual bestiality
  • Sadomasochistic abuse
  • Lewd exhibition of the genitals

A simple nude photo showing genitals is considered a “lewd exhibition” and thus triggers these statutes.

Possession vs. Promotion: The Age Gap

New York has a critical distinction in the age limits for possession versus distribution (promotion) of explicit material. This can be confusing but is vital to understand.

Possession (Child Under 16)

Under Penal Law § 263.16, it is a Class E Felony to possess a sexual performance by a child less than 16 years of age.

Note: If the child depicted is 16 years old, simple possession is generally not charged under this specific statute, although other laws might apply depending on the circumstances.

Promotion (Child Under 17)

Under Penal Law § 263.15, it is a Class D Felony to promote (distribute, send, share) a sexual performance by a child less than 17 years of age.

This means a 16-year-old sending a nude photo of themselves (or another 16-year-old) can be charged with felony promotion, even if possessing that same image might not violate the possession statute.

Penalties for Sexting Offenses

If a case does not qualify for diversion or is prosecuted fully, the penalties are severe felonies. New York does not have a “misdemeanor” option for these specific acts unless plea-bargained down to a lesser charge.

Possessing a Sexual Performance (§ 263.16)

  • Classification: Class E Felony
  • Prison: Up to 4 years
  • Probation: 5 years
  • Registration: Sex Offender Registration required

Promoting a Sexual Performance (§ 263.15)

  • Classification: Class D Felony
  • Prison: Up to 7 years
  • Probation: 5 years
  • Registration: Sex Offender Registration required

Use of a Child in a Sexual Performance (§ 263.05)

If a person directs, induces, or causes a child under 17 to create the image (e.g., “Send me a pic”), they can be charged with Use of a Child in a Sexual Performance.

  • Classification: Class C Felony
  • Prison: Up to 15 years
  • Registration: Sex Offender Registration required

Adults Sexting With Minors

Adults who engage in sexting with minors face the full force of Article 263. Unlike teens, adults are not eligible for the § 60.37 diversion program.

An adult who solicits a minor to send a nude photo is committing “Use of a Child in a Sexual Performance” (§ 263.05), a Class C Felony. This applies even if the minor consents or initiates the conversation. The law views the minor as legally incapable of consenting to the creation of pornography.

Revenge Porn Laws (§ 245.15)

New York criminalized “revenge porn” in 2019 under Penal Law § 245.15, titled “Unlawful Dissemination or Publication of an Intimate Image.”

Elements of the Crime

A person is guilty of this offense if they:

  1. Intentionally disseminate or publish an intimate image of another person (identifiable from the image or context)
  2. Do so without the person’s consent
  3. Act with the intent to cause emotional, financial, or physical harm
  4. The image was taken with a reasonable expectation of privacy

Penalties

  • Classification: Class A Misdemeanor
  • Jail: Up to 1 year
  • Fine: Up to $1,000
  • Probation: Up to 3 years

This law protects both adults and minors and applies regardless of whether the original image was taken consensually.

Disseminating Indecent Material (§ 235.21)

Separate from child pornography laws, New York prohibits sending “indecent” material to minors under Penal Law § 235.21.

A person is guilty of “Disseminating Indecent Material to Minors in the Second Degree” (a Class E Felony) if they use a computer system to send graphic sexual images to a minor (under 17) with the intent to entice the minor into sexual activity. If the sender actually lures the minor into sexual conduct, the charge elevates to the First Degree (§ 235.22), a Class D Felony.

“Raise the Age” & Juvenile Justice

New York’s “Raise the Age” legislation significantly changed how 16 and 17-year-olds are prosecuted. This is highly relevant for teen sexting cases.

Adolescent Offenders (AO)

Teens aged 16 and 17 who are charged with felonies (like those in Article 263) are classified as “Adolescent Offenders.” Their cases originate in the Youth Part of the Criminal Court.

  • Removal to Family Court: Non-violent felonies (which often include sexting offenses) are typically removed to Family Court unless the District Attorney demonstrates “extraordinary circumstances” to keep it in adult court.
  • Juvenile Delinquency: In Family Court, the teen is treated as a juvenile delinquent. The focus is on rehabilitation, and the outcome is not a criminal conviction.
  • Sealed Records: Cases handled in Family Court are confidential and sealed.

This procedural change acts as a critical safety net, ensuring most teen sexting cases do not result in permanent adult criminal records, provided the teen cooperates with the court.

Sex Offender Registration

New York has one of the strictest sex offender registration acts (SORA) in the country. Convictions under Article 263 (Child Pornography) generally require registration, often for a minimum of 20 years or life, depending on the risk level assigned.

Teen Exemption: Generally, if a case is adjudicated in Family Court (Juvenile Delinquency) or granted Youthful Offender (YO) status in criminal court, the teen is not required to register as a sex offender. This highlights the vital importance of securing YO status or Family Court removal.

Frequently Asked Questions

Is sexting a felony in New York?

Yes. Technically, sending or possessing explicit images of a minor is a felony under Article 263. However, for teens, cases are often diverted to Family Court or resolved through educational programs to avoid felony convictions.

Can I be charged if I’m under 18?

Yes. Minors can be arrested and charged. However, due to “Raise the Age” laws, 16 and 17-year-olds are processed as Adolescent Offenders, and those under 16 are processed as Juvenile Delinquents in Family Court.

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

Mere receipt of an unsolicited image is generally not a crime if you do not save, share, or request it. However, knowingly possessing it (keeping it on your phone) can violate § 263.16 if the child is under 16. The best legal advice is usually to delete it immediately and not share it.

Does the “Romeo and Juliet” defense exist in NY?

Not as a specific written defense for sexting like in Texas. However, the diversion program under § 60.37 and the “Raise the Age” framework effectively serve a similar purpose by allowing courts to treat age-appropriate, consensual teen behavior differently from adult predation.

Is it illegal to post my ex’s nudes if they are an adult?

Yes. That is a crime under the “Revenge Porn” statute (§ 245.15). It is a Class A Misdemeanor punishable by up to one year in jail, regardless of the victim’s age.

Can schools search my phone for sexts?

Schools generally need “reasonable suspicion” that a school rule or law has been violated to search a student’s phone. This is a lower standard than the “probable cause” required for police. However, the scope of the search must be reasonable.

What happens to the photos?

Police will seize the device as evidence. The photos are considered contraband and will be permanently deleted/destroyed by authorities. You will generally not get the device back until the case is fully resolved, if at all.

What to Do If Charged

If you or your child is facing sexting allegations in New York:

Do:

  • Hire an Attorney: Specifically one experienced with “Raise the Age” laws and juvenile delinquency.
  • Stop Posting: Do not discuss the case on social media.
  • Preserve Evidence: Do not delete evidence if you are already under investigation, as this can be “Tampering with Physical Evidence” (a Class E Felony). Let your lawyer handle the device.

Do Not:

  • Talk to Police: You have the right to remain silent. Use it.
  • Contact the Victim: This can lead to witness tampering charges.
  • Panic: Most teen cases are resolved without a criminal record if handled correctly by counsel.

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

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