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 West Virginia, sexting laws prohibit the creation, possession, and distribution of sexually explicit images by minors, which is considered a form of child pornography. Adults are also prohibited from sending sexually explicit materials to minors. West Virginia Code §61-8C-3 addresses the possession and distribution of material visually portraying a minor engaged in sexually explicit conduct. The law makes it a felony to send, receive, distribute, exhibit, possess, or display such material, with the intent to seduce a minor. Additionally, under West Virginia Code §61-3C-14a, it is illegal to use electronic communications to solicit a minor, which can include sexting. The consequences for violating these laws can be severe, including imprisonment, fines, and the requirement to register as a sex offender. The severity of the punishment often depends on the nature of the offense and the age of the individuals involved. It's important for both adults and minors to understand the legal implications of sexting in West Virginia to avoid serious criminal charges.