Vermont Sexting Laws: Legal Consequences and Penalties
Vermont's Approach to Sexting Laws
Vermont stands out as one of the more progressive states when it comes to teen sexting. Rather than prosecuting teenagers under the same harsh child pornography statutes applied to adult predators, Vermont enacted a specific teen sexting law that treats most first-time cases as opportunities for education and rehabilitation.
This approach reflects the state's recognition that teenagers who share self-produced images face very different circumstances than adults who exploit children. However, the state still maintains strict penalties for adults who possess, produce, or distribute sexual images of minors.
The age of consent in Vermont is 16, but this does not apply to sexting or the creation of explicit images. Anyone under 18 is considered a minor for purposes of Vermont's sexual exploitation laws.
The Teen Sexting Statute: 13 V.S.A. 2802b
Vermont's teen sexting law, 13 V.S.A. 2802b, directly addresses the issue of minors sharing explicit images electronically. The statute makes it unlawful for any minor to knowingly and voluntarily use a computer or electronic communication device to transmit an indecent visual depiction of themselves to another person.
Key Requirements
For the teen sexting statute to apply, all of the following conditions must be met:
- The image must be of the sender (self-produced)
- The sender must be a minor (under 18)
- The transmission must be voluntary
- There must be no threat or coercion involved
If any of these conditions are not met, prosecutors may instead pursue charges under the more serious sexual exploitation statutes.
Penalties for First-Time Minor Offenders
A minor who violates 13 V.S.A. 2802b for the first time:
- Is adjudicated delinquent in family court (not criminal court)
- May be referred to the juvenile diversion program in the district where the case is filed
- Does not face prosecution under sexual exploitation of children statutes
- Is not subject to sex offender registration
- Has their record automatically expunged when they turn 18
This approach represents a significant departure from states like Tennessee, where teen sexting can result in felony sexual exploitation charges.
Penalties for Repeat Offenders
A minor who has previously been adjudicated delinquent under this section faces stiffer consequences:
- The case may be handled in family court or prosecuted in district court
- Charges under the sexual exploitation of children statutes may apply
- However, even repeat offenders are not subject to sex offender registration requirements
Adult Offenders Under the Teen Sexting Statute
A person 18 years of age or older who violates 13 V.S.A. 2802b faces:
- A fine of up to $300
- Imprisonment of up to six months
- Or both
This provision covers situations where an adult sends self-produced explicit images, though more serious charges may apply depending on the circumstances.
Sexual Exploitation of Children Statutes
When sexting cases fall outside the teen sexting statute, or when adults exploit minors, Vermont's Chapter 64 sexual exploitation laws apply. These statutes carry significantly harsher penalties.
Use of a Child in a Sexual Performance (13 V.S.A. 2822)
Under 13 V.S.A. 2822, it is illegal to employ, use, or persuade a child to engage in a sexual performance. In the context of sexting, this statute applies when an adult convinces a minor to create and send explicit images.
Consenting to a Sexual Performance (13 V.S.A. 2823)
Parents, guardians, or custodians who consent to a minor's participation in a sexual performance face prosecution under this section.
Promoting a Recording of Sexual Conduct (13 V.S.A. 2824)
This statute targets anyone who promotes, distributes, or sells recordings of sexual conduct involving a minor.
Penalties for Sexual Exploitation Offenses (13 V.S.A. 2825)
The penalties under 13 V.S.A. 2825 are severe:
| Offense | First Conviction | Subsequent Conviction |
|---|---|---|
| Use of child in sexual performance (2822) | Up to 10 years prison, $20,000 fine | 1-15 years prison, $50,000 fine |
| Consenting to sexual performance (2823) | Up to 10 years prison, $20,000 fine | 1-15 years prison, $50,000 fine |
| Promoting recording of sexual conduct (2824) | Up to 10 years prison, $20,000 fine | 1-15 years prison, $50,000 fine |
Possession of Child Sexual Abuse Material (13 V.S.A. 2827)
13 V.S.A. 2827 makes it illegal to knowingly possess any photograph, film, or visual depiction of sexual conduct by a child, including images stored electronically on phones, computers, or cloud accounts.
Penalty Structure
The penalties depend on the nature of the material:
- Depictions of sexual conduct by a child (first offense): Up to 5 years in prison, a fine of up to $10,000, or both
- Depictions of lewd exhibition of a child's body (first offense): Up to 2 years in prison, a fine of up to $5,000, or both
- Any subsequent offense: Up to 10 years in prison, a fine of up to $50,000, or both
Each image may be charged as a separate count, meaning that possessing multiple images significantly increases potential penalties.
Revenge Porn: Nonconsensual Disclosure of Intimate Images
Vermont's revenge porn statute, 13 V.S.A. 2606, prohibits the nonconsensual disclosure of sexually explicit images. Enacted in 2015, this law was one of the early state-level revenge porn statutes in the country and has survived constitutional challenge in the Vermont Supreme Court in State v. VanBuren (2018).
Elements of the Offense
A person violates this statute by knowingly disclosing a visual image of an identifiable person who is nude or engaged in sexual conduct when:
- The person knows the depicted individual did not consent to the disclosure
- The person knows the image was created with a reasonable expectation of privacy
- The disclosure would cause a reasonable person harm
Penalties for Revenge Porn
| Offense Type | Classification | Maximum Penalty |
|---|---|---|
| First offense | Misdemeanor | Up to 2 years in prison, $2,000 fine |
| Disclosure for financial profit | Felony | Enhanced penalties |
| Subsequent offenses | Varies | Enhanced penalties |
Vermont law also explicitly states that consent to the recording of an image does not, by itself, constitute consent for its disclosure. This means that even if someone agreed to be photographed or recorded, the photographer cannot share those images without permission.
Platform Accountability
Vermont is notable for holding websites and online platforms accountable when they solicit or accept payment from victims to remove nonconsensual intimate images. This provision targets "revenge porn" websites that profit from exploitation.
Solicitation and Luring Minors Online
Vermont law also addresses adults who use electronic communications to target minors. Under 13 V.S.A. 2828, it is illegal to lure a child using electronic means. An adult who uses text messages, social media, or other digital platforms to entice a minor into sexual activity faces serious criminal charges.
Federal Take It Down Act (2025)
The Take It Down Act, signed into law in May 2025, adds federal protections on top of Vermont's state laws. This legislation:
- Criminalizes the publication of nonconsensual intimate images at the federal level
- Covers AI-generated deepfake intimate images
- Requires social media platforms to remove reported nonconsensual intimate images within 48 hours
- Provides an additional avenue for victims who may face challenges under state law
Vermont residents can now pursue both state and federal remedies when their intimate images are shared without consent.
Diversion Programs and Rehabilitation
Vermont's juvenile justice system emphasizes rehabilitation over punishment, particularly for first-time sexting offenders. The state operates juvenile diversion programs in each district that provide:
- Educational programming about digital safety and the consequences of sexting
- Counseling and mental health support
- Community service opportunities
- Restorative justice conferences between affected parties
Successful completion of a diversion program typically results in the case being dismissed. Records are sealed and later expunged, allowing the minor to move forward without a lasting legal record.
Defenses Available in Vermont Sexting Cases
Lack of Knowledge
Vermont's sexual exploitation statutes require that the defendant acted "knowingly." If explicit material was received without the recipient's knowledge or consent, this may serve as a defense.
No Coercion
Under the teen sexting statute, the transmission must be voluntary and free from coercion. If evidence shows that a minor was pressured or threatened into sending an image, the coercing party may face more serious charges while the coerced minor may receive protection.
Prompt Deletion
While not a specific statutory defense, evidence of immediately deleting unsolicited explicit images may influence whether prosecutors pursue charges.
Constitutional Challenges
The Vermont Supreme Court upheld the constitutionality of the revenge porn statute in State v. VanBuren (2018), but narrowed its application. Defendants may still raise First Amendment challenges in specific factual contexts.
More Vermont Laws
Sources and References
- 13 V.S.A. 2802b: Minor Electronically Disseminating Indecent Material(legislature.vermont.gov).gov
- 13 V.S.A. 2822: Use of a Child in a Sexual Performance(legislature.vermont.gov).gov
- 13 V.S.A. 2825: Penalties for Sexual Exploitation of Children(legislature.vermont.gov).gov
- 13 V.S.A. 2827: Possession of Child Sexual Abuse Material(justia.com)
- 13 V.S.A. 2606: Disclosure of Sexually Explicit Images Without Consent(legislature.vermont.gov).gov
- Vermont Chapter 64: Sexual Exploitation of Children(legislature.vermont.gov).gov
- The Take It Down Act: Federal Law on Nonconsensual Intimate Images(congress.gov).gov
- Vermont Supreme Court: State v. VanBuren (2018 VT 95)(vermontjudiciary.org).gov