Pennsylvania Sexting Laws (2026 Guide)


Pennsylvania law distinguishes between standard child pornography offenses and “sexting” incidents involving minors. The state has enacted specific legislation, 18 Pa.C.S. § 6321, to provide a graduated system of penalties for teens who share explicit images. This approach aims to prevent minors from being branded as sex offenders for what is often considered impulsive adolescent behavior. However, the penalties can still be significant, and recent 2024 amendments have expanded these laws to cover AI-generated content and “deepfakes.”

Key Points

  • Specific Teen Sexting Law: Yes (18 Pa.C.S. § 6321)
  • Primary Goal: Diversion and education over incarceration
  • Minor-to-Minor: Summary Offense to Second-Degree Misdemeanor
  • Adult-to-Minor: Felony Child Pornography (18 Pa.C.S. § 6312)
  • Revenge Porn Law: Yes (18 Pa.C.S. § 3131)
  • AI/Deepfakes: Explicitly covered under 2024 updates

Penalties at a Glance

  • Self-Depiction (Minor): Summary Offense (fine/probation)
  • Sending to Another (Minor): Third-Degree Misdemeanor
  • Harassment/Coercion: Second-Degree Misdemeanor
  • Child Pornography (Adult): Felony of the 2nd or 3rd Degree
  • Revenge Porn: First or Second-Degree Misdemeanor

Table of Contents

Pennsylvania Teen Sexting Law (§ 6321)

The core of Pennsylvania’s approach to teen sexting is found in 18 Pa.C.S. § 6321, titled “Transmission of sexually explicit images by minor.” This statute was designed to carve out a specific exception to the state’s harsh child pornography laws. Before this law existed, a teenager who sent a nude photo to a boyfriend or girlfriend could technically be charged with manufacturing and distributing child pornography, a felony offense carrying mandatory prison time and lifetime sex offender registration.

Section 6321 applies exclusively to a “minor,” defined in the statute as an individual under 18 years of age. It covers three main categories of conduct: creating images of oneself, possessing images of others, and sending images to others. The law recognizes that not all sexting incidents are the same. It distinguishes between a teen sending a photo of themselves (the least serious offense) and a teen sharing photos of others to harass or bully them (the most serious offense).

Defining “Sexually Explicit Image”

To violate § 6321, the image in question must be a “sexually explicit image.” The statute defines this as a visual depiction of a minor’s:

  • Genitals
  • Pubic area
  • Breast (female)
  • Buttocks

Crucially, the law specifies that nudity alone constitutes a sexually explicit image if that nudity is depicted “for the purpose of sexual stimulation or gratification of any person who might view such nudity.” This intent requirement is important. A photo of a teen in a locker room or swimming context might not meet this definition if there is no sexual intent, whereas a photo sent in a romantic context likely would.

The “12 Years or Older” Rule

A critical limitation of § 6321 is the age of the depicted minor. The leniency of this sexting statute generally applies only when the minor in the image is 12 years of age or older. If the depicted child is under 12, the conduct may fall outside this section and revert to the more serious child pornography statutes found in § 6312. This bright-line rule ensures that the sexual exploitation of prepubescent children remains a high-priority felony, regardless of the offender’s age.

Penalties and Grading of Offenses

Pennsylvania law grades sexting offenses based on the specific actions of the minor. The penalties escalate from a summary offense (similar to a traffic citation) to a misdemeanor. This graduated system allows prosecutors and judges to tailor the punishment to the severity of the act.

Summary Offense: Self-Depiction and Possession

The lowest level of offense is a Summary Offense. A minor commits a summary offense if they:

  • Knowingly transmit, distribute, publish, or disseminate an electronic communication containing a sexually explicit image of themselves (self-produced content).
  • Knowingly possess or view a sexually explicit image of another minor who is 12 years of age or older.

This categorization is significant. It means that the act of taking a nude selfie and sending it to someone else is treated as a minor infraction. Similarly, simply having a photo on one’s phone is a summary offense, provided the minor did not distribute it further. Summary offenses typically carry a fine (up to $300) and potential court costs, but they do not usually result in jail time or a permanent criminal record if handled through diversion programs.

Misdemeanor of the Third Degree: Sharing with Others

The offense escalates to a Misdemeanor of the Third Degree (M3) if a minor:

  • Knowingly transmits, distributes, publishes, or disseminates a sexually explicit image of another minor who is 12 years of age or older.

This covers the “forwarding” scenario. If Teen A sends a nude photo to Teen B, Teen A creates the image (Summary Offense). If Teen B then forwards that photo to Teen C, Teen B has committed a Third-Degree Misdemeanor. This reflects the greater harm caused by spreading private images without consent. An M3 conviction can carry up to 1 year in prison and a $2,500 fine, though actual incarceration for a first-time juvenile offender is rare.

Misdemeanor of the Second Degree: Harassment and Non-Consensual Recording

The most serious grading under § 6321 is a Misdemeanor of the Second Degree (M2). This applies when aggravating factors are present. A minor commits an M2 if they:

  • Make a visual depiction of any minor in a state of nudity without their knowledge and consent (surveillance/creeping).
  • Transmit or distribute a visual depiction of any minor in a state of nudity without their knowledge and consent.
  • Act with the intent to coerce, intimidate, torment, harass, or cause emotional distress to another minor.

This section targets malicious behavior. It covers “upskirting,” recording someone in a bathroom or locker room, and using explicit images for blackmail or bullying. Because the intent is malicious, the law treats this as a serious crime. An M2 conviction can result in up to 2 years in prison and a $5,000 fine.

Diversionary Programs and Expungement

One of the most important aspects of 18 Pa.C.S. § 6321 is its emphasis on rehabilitation over punishment. Subsection (f) specifically directs judicial authorities to prioritize education for first-time offenders.

Mandatory Consideration for Diversion

The statute states that the magisterial district judge or judge “shall give first consideration” to referring a minor charged with a summary offense (self-depiction or possession) to a diversionary program. This is not merely a suggestion. It is a legislative directive that courts should look for ways to avoid a criminal conviction.

These diversionary programs usually operate under 42 Pa.C.S. § 1520 (Adjudication Alternative Program). Instead of pleading guilty and paying a fine, the minor is given a set of conditions to complete. These conditions typically include:

  • Educational Programs: Classes that teach the legal and non-legal consequences of sexting.
  • Community Service: A set number of hours of volunteer work.
  • Counseling: If deemed necessary by the court.

Expungement of Records

The primary benefit of the diversionary program is the legal outcome. The law states explicitly: “If the person successfully completes the diversionary program, the person’s records of the charge… shall be expunged.”

Expungement means the record is destroyed. It will not show up on future background checks for college, the military, or employment. This provision is vital for ensuring that a mistake made at age 15 does not haunt a person for the rest of their life. However, this automatic expungement right generally applies only to the summary offense charges. Misdemeanor charges (sharing with others or harassment) may require a more formal petition for expungement or a consent decree in juvenile court.

AI-Generated Images and Deepfakes (2024 Update)

In October 2024, Pennsylvania passed Act 125, which significantly updated the state’s sexting and revenge porn laws to address the rise of Artificial Intelligence. These changes ensure that creating or sharing “deepfake” pornography is treated with the same severity as sharing real images.

New Definitions in § 6321(g)

The law added definitions for “Artificial Intelligence” and “Artificially Generated Depiction.” An artificially generated depiction is defined as a visual depiction that:

  1. Appears to authentically depict a child under 18 engaged in sexual conduct or nudity that did not occur in reality.
  2. Is produced substantially by technical means, such as AI or photo editing software.

This amendment closes a potential loophole. Previously, a defendant might have argued that an image was not “of a minor” because it was computer-generated. Now, the law makes clear that if it looks like a specific minor, or if it is a realistic depiction of a minor created by AI, it falls under the sexting and child pornography statutes.

Implications for Teens

This update means that using an app to “undress” a classmate’s photo or using AI to generate explicit images of peers is a crime. Even if no real nude photo ever existed, the act of creating the AI version constitutes “making a visual depiction” under the statute. If done with the intent to harass or without consent, this could be charged as a second-degree misdemeanor under § 6321(c).

Child Pornography vs. Sexting (§ 6312)

While § 6321 covers “sexting,” the state’s primary law against child abuse materials is 18 Pa.C.S. § 6312 (“Sexual abuse of children”). It is crucial to understand when conduct crosses the line from a sexting offense to a child pornography felony.

When § 6321 Does Not Apply

Section 6321(d) lists specific exclusions. The lenient sexting statute does not apply if the conduct involves:

  • Sexual Acts: Images depicting sexual intercourse, deviate sexual intercourse, penetration (however slight), masturbation, sadism, masochism, or bestiality.
  • Commercial Purpose: Any image taken, used, or intended for commercial gain or profit.
  • Young Children: While not explicitly in subsection (d), the definition of “possession” in the sexting statute is limited to images of minors 12 and older. Possession of images of children under 12 falls under § 6312.

If a teen records a video of actual sexual intercourse, § 6321 may not apply. Instead, they could face felony charges under § 6312. The penalties for child pornography are severe:

  • Felony of the Second Degree: For producing or disseminating the material.
  • Felony of the Third Degree: For simple possession or viewing.

Felony convictions under § 6312 carry long prison sentences and mandatory registration under SORNA (Sex Offender Registration and Notification Act). This underscores the danger of “hardcore” content versus simple nudity; the legal consequences are vastly different.

Revenge Porn and Unlawful Dissemination (§ 3131)

Pennsylvania addresses non-consensual image sharing (often called “revenge porn”) under 18 Pa.C.S. § 3131, “Unlawful dissemination of intimate image.” This law applies to both minors and adults, though the grading differs based on the victim’s age.

Elements of the Crime

A person commits this offense if, with the intent to harass, annoy, or alarm another person, they disseminate:

  • A visual depiction of a current or former sexual/intimate partner in a state of nudity or engaged in sexual conduct.
  • An “artificially generated sexual depiction” of an individual (added by Act 125 of 2024).

Grading and Penalties

The severity of the crime depends on who is in the photo:

  • Misdemeanor of the First Degree (M1): If the person depicted is a minor (under 18). Penalties include up to 5 years in prison and a $10,000 fine.
  • Misdemeanor of the Second Degree (M2): If the person depicted is an adult. Penalties include up to 2 years in prison and a $5,000 fine.

This statute is often used when an ex-boyfriend or ex-girlfriend posts private photos online after a breakup. The intent to “harass, annoy, or alarm” is central to this charge. Unlike the teen sexting law (§ 6321), which focuses on the transmission of images generally, § 3131 specifically targets the malicious betrayal of trust between intimate partners.

Adults Sexting with Minors

It is critical to note that the leniency of § 6321 applies only to minor defendants. An adult (18 or older) who engages in sexting with a minor cannot be charged under the teen sexting statute. Instead, an adult involved in such conduct faces full felony charges.

Corruption of Minors (§ 6301)

An adult who asks a minor to send nude photos can be charged with Corruption of Minors, a first-degree misdemeanor or third-degree felony depending on the circumstances.

Criminal Use of Communication Facility (§ 7512)

Using a phone or computer to commit a felony (like child pornography) is a separate third-degree felony charge in Pennsylvania.

Sexual Abuse of Children (§ 6312)

If an adult receives a nude photo from a minor, they are in possession of child pornography. This is a felony offense. Pennsylvania law does not recognize “consent” from a minor as a defense to these charges. Even if the minor initiated the exchange, the adult is criminally liable for receiving, possessing, or storing the illegal material.

Legal Defenses and Exceptions

Navigating a sexting charge often involves specific legal defenses. While each case is unique, the statutes provide certain exceptions.

Consent (Revenge Porn)

Under § 3131 (Unlawful dissemination), it is a specific defense if the actor disseminated the visual depiction with the consent of the person depicted. If the victim agreed to the photo being posted or shared, the crime has not occurred. However, consent to take the photo is not consent to share it.

Exceptions for Law Enforcement and Education

Both § 6312 and § 3131 contain exceptions for law enforcement officers acting in the scope of their duties. A police officer who receives a sexting image as evidence is not committing a crime. Similarly, there are exceptions for bona fide educational, scientific, or governmental purposes.

The “Romeo and Juliet” Nuance

Unlike some states (like Texas) that have a specific “Romeo and Juliet” defense written into the statute for close-in-age couples, Pennsylvania relies on the structure of § 6321 itself. By making self-depiction and simple possession a summary offense eligible for diversion, the law effectively acts as a buffer for teen couples. It decriminalizes the behavior to a degree but does not make it “legal.” It remains an offense, just one with lesser penalties.

Long-Term Consequences

Even with diversionary programs, a sexting charge can disrupt a young person’s life.

Digital Footprint

Once an image is sent, control is lost. Images can be copied, saved, and reposted indefinitely. “Deleting” an image from a phone does not ensure it is gone from the server or the recipient’s device.

School Discipline

Schools often have their own code of conduct regarding technology usage. If the sexting occurred on school property, during school hours, or using school devices (like a district-issued laptop), the student may face suspension or expulsion in addition to legal charges. Pennsylvania courts have generally upheld school authority to discipline students for off-campus speech if it causes a substantial disruption to the school environment.

Sex Offender Registration (SORNA)

Convictions under § 6321 (Teen Sexting) generally do not require registration under Pennsylvania’s Sex Offender Registration and Notification Act (SORNA). This is the primary advantage of this statute. However, a conviction under § 6312 (Child Pornography) or § 3131 (Revenge Porn) involving a minor victim can trigger registration requirements depending on the tier of the offense and the age of the offender. Avoiding a § 6312 charge is the most critical goal for a defense attorney in these cases.

Frequently Asked Questions

Is it illegal to take a nude photo of myself if I am under 18?

Yes. Under 18 Pa.C.S. § 6321(a)(1), a minor who knowingly transmits or disseminates a sexually explicit image of themselves commits a summary offense. While you likely won’t go to jail, it is still a violation of the law that can result in fines and mandatory education programs.

Can I be charged if I didn’t ask for the photo?

If you receive an unsolicited photo, you are technically in “possession” of it. However, the law generally requires “knowing” possession. To protect yourself, you should not view the image further, do not save it, do not forward it, and delete it immediately. If you proactively keep it or show it to friends, you could be charged with possession (Summary Offense) or dissemination (Misdemeanor).

What should I do if my child is charged with sexting?

Do not try to “fix” it by deleting evidence from the phone yourself, as this could be considered tampering with evidence. Contact a criminal defense attorney immediately. An attorney can advocate for the use of the diversionary program under § 6321(f) to ensure the charges are eventually expunged.

Does the law cover sending photos on Snapchat or Instagram?

Yes. The law covers any “electronic communication,” which includes social media apps, text messages, emails, and AirDrop. The fact that an image “disappears” on Snapchat does not make it legal. Screenshots and forensic data recovery can still serve as evidence.

What if the photo is a “deepfake” made by AI?

As of 2024, Pennsylvania law explicitly covers AI-generated images. If a student uses AI to create a nude image of a classmate, they can be charged with a second-degree misdemeanor for manufacturing or distributing the image, just as if it were a real photo.

Can school officials search my phone?

School officials 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. If a teacher sees a student showing an explicit photo to another student during class, they likely have grounds to confiscate and search the device.

Will a sexting charge ruin my chances for college?

A summary offense that is expunged through a diversionary program should not appear on background checks and legally allows you to answer “no” to questions about criminal convictions. However, if the case is not handled correctly and results in a misdemeanor conviction, it will remain on your record and could be seen by admissions officers or employers.

Resources

Legal References

Support and Education

This article provides general legal information about Pennsylvania sexting laws as of February 2026. Statutes and legal interpretations can change. This information is not legal advice. If you are facing legal issues, you should consult with a qualified Pennsylvania criminal defense attorney who specializes in juvenile law.

Last updated: February 2026

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