Virginia Sexting Laws (2026 Guide)


Virginia maintains some of the strictest laws in the country regarding sexting, as the state has not enacted a specific “teen sexting” statute to distinguish minor-to-minor exchanges from serious felony offenses. Under the Code of Virginia, sexting involving minors is prosecuted under child pornography statutes, specifically § 18.2-374.1:1. This means even consensual image sharing between teenagers can legally constitute a felony offense. However, the state also has specific laws targeting revenge porn and computer harassment that apply to both adults and minors.

Key Points

  • Specific Teen Sexting Law: No (Prosecuted as Child Pornography)
  • Age of Majority: 18 years old
  • Teen Possession: Class 6 Felony (§ 18.2-374.1:1)
  • Revenge Porn Law: Yes (§ 18.2-386.2)
  • Computer Harassment: Class 1 Misdemeanor (§ 18.2-152.7:1)
  • Sex Offender Registration: Required for felony convictions

Penalties at a Glance

  • Possession (Minor/Adult): 1-5 years prison (Class 6 Felony)
  • Distribution/Production: 5-20 years prison (Class 4/5 Felony)
  • Revenge Porn: Up to 12 months jail, $2,500 fine
  • Computer Harassment: Up to 12 months jail, $2,500 fine

Table of Contents

Teen Sexting & Child Pornography Laws

Unlike states such as Texas or California, Virginia has not adopted a specific “Romeo and Juliet” statute to lower penalties for consensual sexting between minors. Instead, prosecutors rely on the state’s robust child pornography laws. This legal framework makes no statutory distinction between a predator exploiting a child and two 17-year-olds sharing intimate selfies.

The primary statute used in sexting cases is Code of Virginia § 18.2-374.1:1, which covers the possession, reproduction, and distribution of child pornography.

What Constitutes an Offense?

Under Virginia law, a person commits a crime if they knowingly possess, reproduce, or distribute sexually explicit visual material involving a person under 18 years of age. This includes:

  • Selfies: Taking a nude photo of oneself if under 18 is technically the production of child pornography.
  • Receiving: Knowingly receiving a nude photo on a phone or computer.
  • Forwarding: Sharing a photo with others (distribution), which carries higher penalties.
  • Showing: Merely showing a photo on a phone screen to another person can be considered distribution or “facilitation.”

The definition of “sexually explicit visual material” is broad and includes depictions of sexual intercourse, masturbation, or lewd exhibition of the genitals or female breast.

Penalties for Possession and Distribution

Because these offenses are classified as felonies, the potential penalties are severe, even for minors adjudicated in juvenile court.

Possession (§ 18.2-374.1:1)

Knowingly possessing child pornography (including a received sext) is a Class 6 Felony. Punishments can include:

  • Prison: 1 to 5 years in a state correctional facility OR up to 12 months in jail (at the discretion of a jury or court).
  • Fine: Up to $2,500.
  • Registration: Mandatory registration as a Sex Offender.

Production and Distribution (§ 18.2-374.1)

Producing (taking the photo) or distributing (sending/sharing) the material falls under § 18.2-374.1. This is a Class 5 Felony. Punishments include:

  • Prison: 1 to 10 years in prison (or up to 12 months in jail).
  • Fine: Up to $2,500.
  • Mandatory Minimums: If the offender is 18 or older and the victim is under 15, mandatory minimum sentences apply.

Facilitation

Facilitating the distribution (e.g., hosting a group chat where images are shared) can also lead to felony charges. The law is designed to punish the commercial trade of CSAM, but its broad wording captures peer-to-peer sexting.

Defenses and Juvenile Diversion

Since the strict letter of the law offers no “teen exemption,” defense strategies often focus on juvenile diversion and prosecutorial discretion.

Juvenile Court Discretion

For minors (under 18), cases are typically heard in Juvenile and Domestic Relations District Court. While the charge is a felony, juvenile judges have broad discretion under § 16.1-278.8 to prioritize rehabilitation over punishment. Outcomes may include:

  • Deferred Disposition: The judge may delay a finding of guilt on the condition that the minor completes community service, counseling, or an educational program. If completed successfully, the charge may be dismissed or reduced.
  • Probation: Supervised probation with strict rules regarding internet and phone usage.
  • Counseling: Mandatory education on digital safety and the legal consequences of sexting.

“Not Knowingly” Defense

The statute requires that the possession be “knowing.” If a minor receives an unsolicited image and immediately deletes it or reports it, a defense attorney can argue they did not “knowingly possess” it in the legal sense intended by the statute. However, keeping the image, even for a short time to show friends, negates this defense.

Revenge Porn Laws (§ 18.2-386.2)

Virginia addresses “revenge porn” under § 18.2-386.2, titled “Unlawful dissemination or sale of images of another.” This law applies to images of both adults and minors.

A person commits this offense if they:

  1. Maliciously disseminate or sell any videographic or still image created by any means whatever.
  2. The image depicts another person who is totally nude or in a state of undress so as to expose the genitals, pubic area, buttocks, or female breast.
  3. The intent is to coerce, harass, or intimidate the depicted person.
  4. The actor knows or has reason to know that the depicted person did not consent to the dissemination.

Penalties

This offense is a Class 1 Misdemeanor, punishable by:

  • Up to 12 months in jail.
  • A fine of up to $2,500.

Importantly, unlike the child pornography statutes, this law requires malicious intent to coerce, harass, or intimidate. Simply sharing a photo without specific malicious intent might not fit this statute, though it would still likely violate the child pornography laws if the subject is a minor.

Computer Harassment & Cyberbullying

Sexting cases often involve elements of bullying or harassment. Virginia has a specific statute for “Computer Harassment” under § 18.2-152.7:1.

It is illegal to use a computer or computer network to:

  • Coerce, intimidate, or harass another person.
  • Communicate obscene, vulgar, profane, lewd, lascivious, or indecent language.
  • Threaten any illegal or immoral act.

This is a Class 1 Misdemeanor. If a teen uses sexting to bully another student (e.g., threatening to leak nudes), they could be charged under this statute in addition to or instead of felony charges.

Unlawful Filming & Surveillance

Taking a photo of someone without their consent in a private place (like a locker room, bathroom, or up-skirt photos) is a separate crime under § 18.2-386.1.

  • General Offense: Unlawful creation of an image of another person.
  • Penalty if Victim is Adult: Class 1 Misdemeanor.
  • Penalty if Victim is Under 18: Class 6 Felony.

This means a student taking a “prank” photo of another student changing in a locker room commits a felony if the victim is a minor.

Adults Sexting Minors

For adults (18+) who sext with minors, the law is unforgiving. Prosecutors will almost certainly pursue felony charges under child pornography statutes or specific solicitation laws.

Solicitation of a Minor (§ 18.2-374.3)

Using a communications system (internet, text, social media) to solicit or facilitate certain offenses with children is a Class 5 Felony. This includes proposing sexual acts or soliciting sexual imagery from a minor.

Electronic Facilitation

Under § 18.2-374.3, it is unlawful to use a computer to persuade, induce, entice, or coerce a child to engage in sexual activity. This is often used to prosecute online predators.

Civil Liability for Shared Images

Beyond criminal charges, Virginia law allows victims to sue for damages. The “Civil Action for Unlawful Dissemination” allows victims of revenge porn or non-consensual image sharing to recover:

  • Actual damages (medical bills for therapy, reputational harm).
  • Punitive damages (to punish the offender).
  • Attorney’s fees and court costs.

Parents of minors who engage in sexting should be aware that they could be named in civil lawsuits for damages caused by their child’s actions.

School Disciplinary Consequences

Virginia schools are required to report certain criminal activities to law enforcement. Under Virginia Code, school principals generally report acts that may constitute a felony. Since sexting involving minors is technically a felony (child pornography), schools often involve the police immediately.

School consequences can include:

  • Long-term suspension or expulsion (365 days).
  • Placement in alternative education programs.
  • Barring from extracurricular activities and sports.
  • Notation on disciplinary records seen by colleges.

Frequently Asked Questions

Is it illegal to keep a photo if I didn’t ask for it?

Yes. Under Virginia law, knowingly possessing child pornography is a crime. If you receive an unsolicited image, you technically possess it. The safest legal action is to delete it immediately and not share it with anyone. Keeping it “for later” or to show friends constitutes knowing possession.

Can two 17-year-olds be charged with a felony for sexting?

Yes. The law does not have an exemption for age proximity. A 17-year-old sending a nude photo to another 17-year-old is technically creating and distributing child pornography. While prosecutors often use discretion, the letter of the law makes this a felony.

What constitutes “distribution” of an image?

Distribution is defined broadly. It includes sending the image via text or social media, AirDropping it, posting it online, or even physically handing your phone to someone else to look at the image. Showing a photo to a group of friends at a lunch table is considered distribution.

Will I have to register as a sex offender?

If convicted of a felony under § 18.2-374.1 or § 18.2-374.1:1, sex offender registration is mandatory in Virginia. This is one of the most severe consequences of the state’s lack of a specific teen sexting law. Defense attorneys work hard to avoid this outcome through plea deals or juvenile diversion.

What if the photo doesn’t show a face?

The law does not require the face to be visible. If the image depicts “sexually explicit visual material” of a minor (genitals, buttocks, female breast), it is illegal. The identity of the minor does not need to be proven for the image to be considered contraband.

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

No. While Virginia has “Romeo and Juliet” provisions for physical sexual acts between close-in-age minors (reducing penalties), these provisions do not explicitly apply to the child pornography statutes used to prosecute sexting.

What to Do If Charged

If you or your child is facing an investigation or charges related to sexting:

Do:

  • Silence: Exercise your right to remain silent. Do not speak to school resource officers (SROs) or police without a lawyer.
  • Counsel: Hire an experienced criminal defense attorney who specializes in juvenile law and digital crimes.
  • Preserve Evidence: Do not destroy your phone or device, as this can lead to “destruction of evidence” charges. Let your lawyer handle the evidence.

Do Not:

  • Do Not Explain: Do not try to explain the situation to the police. “It was just a joke” is not a legal defense and can be used as a confession of distribution.
  • Do Not Contact the Victim: This can be seen as witness tampering or harassment.
  • Do Not Post: Do not discuss the incident on social media.

Resources

Legal & Support

Reporting

This article provides general legal information about Virginia sexting laws as of February 2026. Laws are subject to change, and this text should not be construed as legal advice. Every case is unique. If you are facing legal trouble, consult a qualified Virginia attorney immediately.

Leave a Comment