Sexting is the shortened term for sex texting and involves sending sexually explicit messages or photos by text message or other electronic messaging system. Although sending sexually explicit messages or photos is generally legal between consenting adults (retransmitting them to others is not) it is a crime for adults or minors (under the age of 18, for example) to send indecent visual depictions (photos, videos, images) of themselves or others to minors. And it is a crime for minors to send indecent visual depictions of themselves to adults or to other minors.
These laws vary from state to state and violations may be prosecuted under statutes regarding the sending of obscene material to seduce a minor; distribution of harmful materials to a minor; distributing or displaying harmful or prurient material to a minor; child pornography laws; cyberstalking; revenge pornography; and harassment. Such laws may be prosecuted as a misdemeanor or as a felony, depending on the state and the specific circumstances of the alleged violation. Violations of these laws have serious consequences for adults and for minors, including potential jail or prison time and required registration as a sex offender.
Criminal offenses related to sexting are generally located in a state’s statutes—often in the penal or criminal code.
In California, sexting laws primarily address the distribution of sexually explicit material involving minors. It is illegal for anyone, adult or minor, to send sexually explicit images or messages to a minor, and it is also illegal for minors to send such content to adults or to other minors. These actions can be prosecuted under various statutes, such as those related to child pornography, distribution of harmful matter to minors, and sexual exploitation of children. The severity of the offense can range from a misdemeanor to a felony, depending on factors like the age of the participants and the nature of the material. Convictions can lead to significant legal consequences, including incarceration and mandatory registration as a sex offender. California also has laws against revenge pornography, which criminalize the distribution of intimate images without consent, and cyberstalking, which includes certain forms of online harassment. It's important for individuals to understand that while sexting between consenting adults is generally legal, any involvement of minors is strictly prohibited and carries serious legal risks.