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 Vermont, sexting laws are designed to address the issue of minors sending or receiving sexually explicit images. Under Vermont law, it is illegal for anyone, adult or minor, to send, receive, or possess sexually explicit material involving a person under the age of 18. This can include photographs, videos, or other depictions. The act of sexting between minors can be prosecuted under child pornography statutes, which can result in serious consequences, including potential jail time and mandatory registration as a sex offender. Vermont law also recognizes the unique circumstances of minors involved in sexting and offers a diversion program for minors who are caught sexting, which can include education and community service as an alternative to criminal prosecution. However, if an adult is involved in sexting with a minor, the offense is typically more severe and can lead to felony charges. The specific charges and penalties can vary depending on the nature of the offense and the ages of the individuals involved. It is important for individuals in Vermont to understand that while sexting between consenting adults is generally legal, any involvement of minors in sexting activities is illegal and carries significant legal risks.