Wyoming Sexting Laws (2026 Guide)

Wyoming is one of the few states that has not enacted a specific teen sexting statute. Unlike many neighboring states that have created reduced penalties for consensual sexting between minors, Wyoming treats all sexually explicit images of minors under the state’s general child pornography and sexual exploitation laws. This means that a teenager who sends or receives explicit images of another minor could potentially face the same felony charges as an adult predator under W.S. 6-4-303. Understanding these laws is critical for Wyoming residents, as the consequences can be severe and life-altering.

Table of Contents

• Wyoming Has No Specific Teen Sexting Law
• Sexual Exploitation of Children (W.S. 6-4-303)
• Penalty Tiers and Felony Classifications
• How Minors Are Charged in Wyoming
• Revenge Porn Law (W.S. 6-4-306)
• Sex Offender Registration Requirements
• Potential Defenses
• Prosecutorial Discretion
• Juvenile Court Process
• Comparison to Other Western States
• Frequently Asked Questions
• Resources

Wyoming Has No Specific Teen Sexting Law

As of February 2026, Wyoming remains one of approximately 20 states that has not enacted legislation specifically addressing teen sexting. This absence is significant because it means that consensual sexting between teenagers is treated the same as adult sexual exploitation of children under the law.

Many states have recognized that charging teenagers with felony child pornography offenses for consensual sexting with peers is disproportionate to the conduct involved. These states have created separate statutes that reduce penalties for minors, often making teen sexting a misdemeanor or providing for diversion programs. Wyoming has not taken this approach.

The practical result is that Wyoming prosecutors have two options when dealing with teen sexting cases: charge the minor under the full weight of the sexual exploitation statutes, or decline to prosecute entirely. This all-or-nothing framework places enormous discretion in the hands of prosecutors and can lead to inconsistent outcomes across different counties.

What This Means for Wyoming Teens

A Wyoming teenager who takes an explicit selfie and sends it to a boyfriend or girlfriend could theoretically face:

• Felony charges for producing child pornography
• Felony charges for distributing child pornography
• Potential sex offender registration
• A permanent criminal record that follows them into adulthood

Similarly, the recipient could face felony possession charges even if they never asked for the image and never shared it with anyone else.

Sexual Exploitation of Children (W.S. 6-4-303)

Wyoming’s primary statute addressing sexually explicit images of minors is W.S. 6-4-303, titled “Sexual exploitation of children.” This statute encompasses what other states typically separate into distinct offenses for production, distribution, and possession of child sexual abuse material.

Elements of the Offense

Under W.S. 6-4-303, a person commits sexual exploitation of children if they knowingly:

• Cause, induce, entice, or permit a child to engage in, or be used for, the making of child pornography
• Manufacture, generate, create, or produce child pornography
• Distribute, deliver, publish, exhibit, or transmit child pornography
• Possess child pornography
• Reproduce, copy, or duplicate child pornography

Definition of Child Pornography

Wyoming law defines “child pornography” as any visual depiction, including any photograph, film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of explicit sexual conduct, where:

• The production of the visual depiction involves the use of a minor engaging in explicit sexual conduct
• The visual depiction is of a minor engaging in explicit sexual conduct
• The visual depiction has been created, adapted, or modified to appear that an identifiable minor is engaging in explicit sexual conduct

“Explicit Sexual Conduct” Defined

The statute defines “explicit sexual conduct” broadly to include:

• Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal contact
• Bestiality
• Masturbation
• Sadistic or masochistic abuse
• Lascivious exhibition of the genitals or pubic area of any person

This final category, “lascivious exhibition,” is particularly relevant to teen sexting cases, as it can encompass nude selfies that might not involve sexual acts but do display intimate areas in a sexual manner.

Penalty Tiers and Felony Classifications

Wyoming classifies sexual exploitation of children as a felony, with penalties varying based on the specific conduct involved.

Enhanced Penalties

Wyoming law provides for enhanced penalties in certain circumstances:

• Second or subsequent offenses: Mandatory minimum sentences increase significantly for repeat offenders
• Commercial distribution: Cases involving the sale or commercial exchange of child pornography may face additional charges and enhanced penalties
• Multiple victims: Separate charges may be filed for each child depicted
• Pattern of conduct: Evidence of ongoing exploitation can result in more severe sentencing

How Minors Are Charged in Wyoming

When a minor engages in sexting in Wyoming, the legal framework presents significant challenges. Because there is no reduced penalty provision for teen sexting, prosecutors must decide whether to:

• Charge the minor as a juvenile under the full sexual exploitation statute
• Charge the minor as an adult (in cases involving older teens or aggravating factors)
• Decline to file charges and instead pursue informal intervention
• Refer the case to juvenile court for potential diversion

Juvenile Court Jurisdiction

Under the Wyoming Juvenile Justice Act, juvenile courts have jurisdiction over minors under age 18 who are alleged to have committed acts that would constitute crimes if committed by adults. However, for certain serious offenses, including some sexual offenses, prosecutors may seek to have the case transferred to adult court.

In juvenile proceedings, the focus is theoretically on rehabilitation rather than punishment. However, an adjudication of delinquency for sexual exploitation can still result in:

• Placement in a juvenile detention facility
• Mandatory sex offender treatment
• Probation with strict conditions
• A juvenile record that may be accessible to certain entities

Revenge Porn Law (W.S. 6-4-306)

In 2021, Wyoming enacted W.S. 6-4-306, which addresses the nonconsensual dissemination of intimate images, commonly known as “revenge porn.” This law applies to adults 18 years of age or older and creates a misdemeanor offense separate from the felony sexual exploitation statutes.

Elements of Revenge Porn Under W.S. 6-4-306

A person 18 years of age or older commits the offense of disseminating an intimate image if the person:

• Disseminated an intimate image of another person
• Knew or should have known that the depicted person had a reasonable expectation that the image would remain private and the depicted person did not expressly give consent for the image’s dissemination
• Intended to humiliate, harm, harass, threaten, or coerce another, or intended for sexual gratification or arousal

Definitions

The statute provides specific definitions:

• Intimate image: An image of a person’s intimate parts or of a person engaging in sexual acts when the person depicted is identifiable from the image itself or from information displayed with or connected to the image
• Intimate parts: The external genitalia, perineum, anus, or pubic area of any person, or the breast of a female person
• Disseminate: To sell, distribute, deliver, provide, exhibit, post on social media, or otherwise make available to a third party

Penalties for Revenge Porn

Dissemination of an intimate image under W.S. 6-4-306 is a misdemeanor punishable by:

• Up to one (1) year imprisonment
• A fine of up to five thousand dollars ($5,000)
• Or both imprisonment and fine

Limitations

Importantly, the revenge porn statute only applies to adults 18 years of age or older. This means that if a minor distributes intimate images of another minor without consent, they would be charged under the more severe sexual exploitation statute rather than the revenge porn misdemeanor.

Sex Offender Registration Requirements

Sex offender registration in Wyoming is governed by the Wyoming Sex Offender Registration Act (W.S. 7-19-301 through 7-19-308). Registration requirements are among the most serious collateral consequences of a sexual exploitation conviction.

Offenses Requiring Registration

A conviction for sexual exploitation of children under W.S. 6-4-303 generally requires sex offender registration. This applies to both adult and juvenile offenders, although the juvenile court has some discretion in ordering registration for minors.

Registration Tiers

Wyoming uses a risk-based assessment system to determine registration requirements:

Consequences of Registration

Sex offender registration carries significant consequences beyond the registration requirement itself:

• Public availability of registration information
• Residence restrictions near schools and childcare facilities
• Employment limitations
• Restrictions on internet and social media use
• Community notification requirements

Juvenile Registration

For juvenile offenders adjudicated delinquent for sexual exploitation, the court may order registration. However, juveniles may petition for removal from the registry after completing treatment and demonstrating rehabilitation. The court considers factors such as the nature of the offense, the age of the offender, treatment progress, and risk assessment results.

Potential Defenses

While Wyoming law does not provide specific affirmative defenses for teen sexting, several legal defenses may be available depending on the circumstances of the case.

Lack of Knowledge

The sexual exploitation statute requires that the defendant “knowingly” engaged in the prohibited conduct. If a defendant did not know that an image depicted a minor, or did not know they possessed such an image, this element may not be satisfied.

Age of Depicted Person

If the prosecution cannot prove beyond a reasonable doubt that the person depicted in the image was under 18 at the time the image was created, the defendant may have a valid defense.

Unsolicited Receipt

A person who receives an explicit image without requesting it may argue they did not “knowingly” possess child pornography. However, if the person saves, views repeatedly, or fails to delete the image, this defense becomes weaker.

Constitutional Challenges

Defense attorneys have raised constitutional challenges to the application of child pornography laws to teen sexting, arguing that such prosecutions violate:

• First Amendment free speech protections
• Eighth Amendment prohibition on cruel and unusual punishment
• Fourteenth Amendment due process and equal protection rights

These challenges have had mixed success in various jurisdictions, and Wyoming courts have not issued definitive rulings on these issues in the teen sexting context.

Prosecutorial Discretion

Given the absence of a specific teen sexting statute, prosecutorial discretion plays a crucial role in how Wyoming handles these cases. County attorneys have significant latitude in deciding whether to file charges, what charges to file, and whether to offer plea agreements or diversion options.

Factors Prosecutors Consider

When evaluating a teen sexting case, Wyoming prosecutors typically consider:

• Ages of the parties involved: Cases involving peers close in age are often treated differently than those with significant age gaps
• Consent: Whether the images were shared consensually or through coercion
• Distribution: Whether images were kept private or shared with third parties
• Intent: Whether the conduct was part of normal adolescent exploration or intended to harm, embarrass, or exploit
• Prior history: Whether the minor has any prior involvement with the justice system
• Impact on the depicted person: Whether the person in the images has been harmed by the conduct

Informal Resolutions

In many cases involving consensual teen sexting without aggravating factors, prosecutors may decline to file formal charges and instead refer the case for informal intervention, such as:

• Educational programs about the risks of sexting
• Counseling services
• Community service
• Informal probation with conditions

Juvenile Court Process

When charges are filed against a minor for sexting-related offenses, the case typically proceeds through the juvenile court system under the Wyoming Juvenile Justice Act.

Initial Proceedings

The juvenile court process begins with:

• Filing of a petition alleging delinquency
• Detention hearing (if the minor is held in custody)
• Appointment of counsel
• Initial appearance and entry of denial or admission

Adjudication

If the minor denies the allegations, the case proceeds to an adjudicatory hearing, which is the juvenile equivalent of a trial. The prosecution must prove the allegations beyond a reasonable doubt, and the minor has the right to present a defense, cross-examine witnesses, and testify or remain silent.

Disposition

If the minor is found to have committed the alleged acts (adjudicated delinquent), the court holds a disposition hearing to determine appropriate consequences. Options include:

• Probation with conditions
• Placement in a group home or residential treatment facility
• Commitment to the Wyoming Department of Family Services
• Sex offender treatment programs
• Community service
• Restitution

Comparison to Other Western States

Wyoming’s approach to teen sexting differs significantly from many of its neighboring Western states. The following comparison illustrates the range of approaches in the region.

Colorado’s Approach

Colorado enacted specific teen sexting legislation in 2017 that provides graduated penalties based on the conduct involved. For consensual sexting between teens close in age, the offense may be a petty offense punishable by a fine and education program. More serious conduct, such as distribution without consent, can be charged as a misdemeanor. Colorado’s law also includes a mandatory diversion program for first-time offenders.

Utah’s Approach

Utah’s teen sexting law distinguishes between minors who send images of themselves and those who distribute images of others. The law provides for misdemeanor penalties rather than felonies and includes provisions for expungement of records for minors who successfully complete court-ordered programs.

Advocacy for Reform in Wyoming

Legal reform advocates and some Wyoming legislators have periodically proposed teen sexting legislation that would create reduced penalties for consensual conduct between minors. As of February 2026, these efforts have not resulted in enacted legislation, but the issue continues to be discussed in legislative sessions.

Frequently Asked Questions

Is teen sexting a felony in Wyoming?

Yes. Because Wyoming has no specific teen sexting law, sexting involving minors is prosecuted under the state’s sexual exploitation of children statute (W.S. 6-4-303), which classifies all offenses as felonies. This applies even when both parties are minors engaging in consensual conduct.

Can I be charged for having old pictures from when I was a minor?

Potentially, yes. Possession of sexually explicit images of minors is a felony under Wyoming law regardless of when the images were created or whether you were a minor at the time. If you possess such images, you could face criminal charges. The safest course of action is to permanently delete any such images.

What if I received an explicit image I did not ask for?

If you receive an unsolicited explicit image of a minor, you should delete it immediately. Do not save, forward, or show the image to others. While you likely cannot be charged simply for receiving an unwanted image, retaining the image could constitute possession. If you are concerned about your legal situation, consult with an attorney.

Will I have to register as a sex offender for teen sexting?

If you are convicted of sexual exploitation of children under W.S. 6-4-303, you will likely be required to register as a sex offender. For juvenile offenders, the court has some discretion in ordering registration, and juveniles may be able to petition for removal from the registry after completing treatment. However, registration is a serious possibility in any felony sexual exploitation case.

Can my case be handled in juvenile court?

If you are under 18, your case will typically begin in juvenile court. However, for serious offenses or older teens, prosecutors may seek to transfer the case to adult court. Juvenile court proceedings focus more on rehabilitation, but an adjudication of delinquency can still result in significant consequences including detention, mandatory treatment, and potentially sex offender registration.

What is the difference between Wyoming’s revenge porn law and the sexual exploitation law?

Wyoming’s revenge porn law (W.S. 6-4-306) is a misdemeanor that applies only to adults who distribute intimate images without consent. The sexual exploitation statute (W.S. 6-4-303) is a felony that applies to any sexually explicit images involving minors. Importantly, the revenge porn law cannot be used to provide reduced penalties for minors; if a minor distributes images of another minor, they face the felony sexual exploitation charge.

Should I talk to the police if I am questioned about sexting?

You have the right to remain silent and the right to an attorney. Given the serious felony penalties associated with sexual exploitation charges in Wyoming, it is strongly advisable to consult with a criminal defense attorney before speaking with law enforcement. Anything you say can be used against you, and statements made without understanding your legal rights can have severe consequences.

Resources

Legal Resources

• Wyoming State Bar – Lawyer referral services
• Legal Aid of Wyoming – Free legal services for qualifying individuals
• Wyoming Statutes – Official state statutes
• Wyoming Courts – Court information and resources

Support Resources

• National Center for Missing & Exploited Children
• Cyber Civil Rights Initiative – Support for victims of nonconsensual pornography
• ConnectSafely – Digital safety resources for teens and parents

Educational Resources

• Common Sense Media – Digital citizenship resources
• Cyberbullying Research Center – Research and resources on cyberbullying and sexting

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This article provides general legal information about Wyoming sexting laws as of February 2026. Laws change frequently, and this information should not be considered legal advice. Wyoming does not have a specific teen sexting statute, which means sexting involving minors is prosecuted under the state’s felony sexual exploitation laws. If you are facing charges or need legal guidance, consult with a qualified Wyoming criminal defense attorney immediately. The consequences of these charges are serious and can be life-altering.

Last updated: February 2026