Could I get into trouble for sexting?
In our FAQ: Is it okay to sext with someone else my own age?, we talk about some of the risks of sexting with peers, including having your images or videos being shared with others and/or posted on the internet. Here, we expand a little more on sexting and relevant legal information.
It’s OK to engage in safe sexual behaviors! In this blog, answering this question specifically, we focus on the legality and long-term safety of sharing sexually explicit photos.
Sexting between adults is legal, but it’s not risk-free.
If you are both 18 years or older, then it is legal for you both to make the decision to send sexual images or videos to each other. The other risks that we talked about are still something to consider, though. It may be important to talk about this boundary with your partner, or anyone that you’re having sex with or sharing images with, so that it’s clear you both understand the risks and legalities of sexting.
Sexts to and from anyone under age 18 are illegal.
In the U.S., any sexual content involving someone under 18 is illegal and is considered child sexual abuse material (CSAM), once called child pornography. So exchanging sexts with someone under 18 can certainly put you at risk of facing consequences. This is true even if you are both under 18.
U.S. federal law states that a minor cannot legally give consent to be in these types of images or videos – regardless of state ages of consent. This also means that a minor who takes sexually explicit photos or videos of themself can be charged with the crime of self-generated child sexual abuse material (SG-CSAM).
The penalties for having or sharing such images or video may include:
Fines or community service
Counseling
Probation
Youth detention or adult incarceration (depending on your age)
Sex offender registration - state and federal listings of individual convicted of sexual offenses
What is safe sexting?
You’re here because you are asking some really great questions, and we hope that this will help you to decide the best way to manage this in your relationships. If you decide to sext, you should be sure you trust the person that you are sexting with and understand the risks that come with sharing photos of yourself so that you can make an informed decision.
Although there can be a lot of pressure to share this kind of content with your peers, and it may seem like everyone is doing it - this isn’t something to take lightly and there are very real consequences for minors and adults. Having this knowledge about sexting can be a powerful tool, and help you to have open conversations with friends, romantic partners or sexual partners.
So what do you do if someone were to ask for these kinds of pictures or videos, or someone you like sent some to you? We heard from someone who was worried about getting into trouble because their girlfriend had sent them nude pictures, and we talked to them about what they could do next to make sure that both they and their partner are safe.
Want to talk more? Our helpline counselors are here to help you sort out tough situations around healthy sexaulity, relationships and consent. Contact us with your question.
