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 Michigan, sexting laws primarily address the creation, possession, and distribution of sexually explicit images by minors, which is often considered a form of child pornography. Under Michigan law, it is illegal for anyone, adult or minor, to send or possess sexually explicit material involving a person under the age of 18. Adults who send such material to minors, or who coerce minors into sexting, can be charged with crimes such as child sexually abusive activity or using a computer to commit a crime. Minors involved in sexting may be subject to juvenile delinquency proceedings, and in some cases, they may be charged as adults. The severity of the charges can range from misdemeanors to felonies, depending on the nature of the offense and the age of the individuals involved. Consequences for violations can include imprisonment, fines, and mandatory registration as a sex offender. Michigan law also addresses related issues such as cyberstalking, revenge pornography, and harassment, which can be prosecuted under various statutes. It is important for individuals in Michigan to understand that while sexting between consenting adults is generally legal, any involvement of minors is strictly prohibited and carries serious legal consequences.