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 Colorado, sexting laws are designed to address the exchange of sexually explicit material via electronic means. For adults, sending such messages or photos to other consenting adults is typically legal, but sharing these materials without consent can lead to charges such as harassment or the distribution of private images, commonly referred to as 'revenge pornography.' When it comes to minors, the legal landscape changes significantly. It is illegal for adults or minors to send sexually explicit images to minors. Additionally, minors are prohibited from sending such material to adults or to other minors. Colorado has specific laws that deal with juvenile sexting, which can result in misdemeanor charges, but the state also seeks to avoid overly harsh consequences for minors engaging in sexting with peers. However, if the content involves exploitation or coercion, or if an adult is involved, felony charges related to child pornography or sexual exploitation of a child may apply. The consequences of sexting-related offenses can be severe, including incarceration and mandatory sex offender registration. It's important to consult with an attorney for guidance on specific cases, as the application of these laws can vary based on the circumstances.