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 New Hampshire, sexting laws primarily address the creation, possession, and distribution of sexually explicit images by minors, which is considered a form of child pornography. Under NH RSA 649-A:3, it is illegal for anyone, including minors, to knowingly possess visual representations of a child engaged in sexually explicit conduct. Additionally, NH RSA 649-A:3-a prohibits the distribution of private sexual images without consent, which can apply to 'revenge porn.' The consequences of sexting involving minors can be severe, potentially including felony charges, imprisonment, fines, and the requirement to register as a sex offender. For adults, sending sexually explicit messages to other consenting adults is generally legal, but sharing such content without the consent of the depicted person or with minors is illegal and can lead to serious legal repercussions. The specific charges and penalties can vary based on the nature of the offense and the ages of the individuals involved.