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 Delaware, sexting laws prohibit the sending of sexually explicit messages and images to minors. It is illegal for both adults and minors to send indecent visual depictions of themselves or others to individuals under the age of 18. Additionally, minors are prohibited from sending such material to adults or to other minors. These actions may be prosecuted under various statutes, including those related to the distribution of obscene material, child pornography, cyberstalking, and harassment. The severity of the charges can range from misdemeanors to felonies, depending on the circumstances of the case. Convictions for sexting-related offenses can lead to significant legal consequences, including incarceration and mandatory registration as a sex offender. Delaware's specific regulations on sexting are detailed in its penal or criminal code, and they reflect the state's commitment to protecting minors from exploitation and abuse in the digital environment.