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 Wisconsin, sexting laws primarily address the sending of sexually explicit messages or images involving minors. Under Wisconsin law, it is illegal for anyone, adult or minor, to send, possess, or distribute explicit images of a person under the age of 18. This can be prosecuted under child pornography statutes, which are serious offenses. For adults, sending such material to minors, or possessing it, can result in felony charges, potential imprisonment, and mandatory registration as a sex offender. For minors, the consequences of sexting can also be severe, but Wisconsin has provisions that may reduce the charges to a misdemeanor for minors who are caught sexting, depending on the circumstances. The state's laws aim to address the issue without overly penalizing minors for behavior that reflects a lack of judgment rather than predatory intent. However, repeat offenses or cases involving coercion or additional criminal behavior can lead to more serious charges, even for minors. It's important to note that while sexting between consenting adults is generally legal, sharing those images without consent (revenge pornography) is illegal and can lead to criminal charges.