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 York, sexting laws primarily address the creation, possession, and distribution of sexually explicit images by and of minors, which is considered a form of child pornography. Under New York Penal Law, it is illegal for anyone, adult or minor, to send sexually explicit images to minors. It is also illegal for minors to send such images of themselves or others, regardless of whether the recipient is an adult or another minor. These actions can be prosecuted under various statutes, such as disseminating indecent materials to minors, promoting a sexual performance by a child, and possessing a sexual performance by a child. The severity of the charges can range from misdemeanors to felonies, depending on factors like the age of the individuals involved and the nature of the activity. Convictions may result in imprisonment, fines, and mandatory registration as a sex offender. New York also has laws against cyberstalking, harassment, and revenge pornography, which can be related to sexting when the behavior involves threatening, non-consensual sharing of private images, or repeated unwanted communication.