Criminal Defense Lawyers

Is Sending Nudes A Crime

Is Sending Nudes a Crime?

Sending nude or sexually explicit photos and videos, often referred to as “sexting,” has become increasingly common, especially among teens and young adults. However, sexting raises complex legal issues regarding privacy, consent, and the potential distribution of what may constitute child pornography. So is sending nudes actually illegal?

The Legal Landscape Around Sexting

There is no federal law specifically prohibiting sexting between two consenting adults. However, sexting can violate various state laws, depending on the circumstances:

• Child Pornography – It is illegal under federal and state child pornography laws to produce, distribute, receive, or possess sexually explicit images of minors (anyone under 18). So sexting an explicit photo of yourself when you are under 18 can be considered the production and distribution of child pornography.
• Revenge Porn – Some states have laws prohibiting the nonconsensual distribution of sexually explicit images, often referred to as “revenge porn.” Sending an unsolicited nude photo to someone could violate these laws.
• Harassment – Sexting unwanted, sexually explicit photos to someone after they have said no or expressed disinterest may constitute harassment.

So while consensually sending nudes between adults is generally legal, there are situations in which sexting crosses legal boundaries.

Consequences of Illegal Sexting

If you are caught violating child pornography, revenge porn, or harassment laws by sexting, you can face severe legal punishments like:

• Up to 5 years in prison
• Thousands of dollars in fines
• Being registered as a sex offender

These strict sentences are intended to punish the production and distribution of exploitative sexual content. But even consensual teen sexting is aggressively prosecuted in some states.

Teen Sexting and Child Pornography Laws

Sexting is especially common among teens and young adults, with around 1 in 4 teenagers receiving sexts and 1 in 7 sending them according to a study. However, when underage teens engage in sexting, they can be prosecuted under child pornography laws that were created before sexting was even a concept.

This has led to many teenagers who consensually shared photos with a boyfriend/girlfriend getting sentenced to years in prison or permanently registered as sex offenders. Such extreme punishments for adolescent experimentation have caused significant backlash, with reform advocates arguing that:

• Teens should not have their lives ruined for youthful mistakes.
• Child pornography laws were intended to protect children from exploitation, not punish them.
• More nuanced legal guidelines are needed for consensual teen sexting.

In response, some states have passed laws providing alternatives to traditional prosecution when dealing with teen sexting cases. These include requiring counseling or community service instead of jail time.

There have also been efforts to legally distinguish teenage sexting from adult exploitation of children. For example, in Texas, the law recognizes sexting among adolescents with 4 years age difference or less as a civil infraction rather than a criminal offense.

Avoiding Legal Issues with Sexting

While sexting between consenting adults is generally legal, there are still risks like revenge porn or accidentally sending images to unintended recipients. Here are some tips to sext more safely and avoid legal issues:

• Only sext someone you trust – Don’t send nude photos to casual acquaintances or strangers online.
• Establish consent – Both people should actively agree to exchange sexual images. Don’t pressure or coerce anyone into sexting.
• Avoid including your face/identifying marks – Cropping out your face makes images less identifiable if distributed without your consent.
• Use secure apps – Encrypted apps like Signal provide more control over recipients and delete images after viewing.
• Know state laws – Some states treat teen sexting more harshly than others. Understanding the laws can prevent unintended consequences.

While sexting is a way for consenting adults to intimately connect, exercising caution and following sound legal principles is crucial to avoiding criminal liability or exploitation. Consider your partner, circumstances, and the law before hitting send.

Resources

For more information on sexting laws and legal issues, check out the following resources:

• Sexting Laws by State – Summary of state laws regarding revenge porn and teen sexting
• What Counts as Child Pornography – Overview of federal child pornography laws by criminal defense lawyers
• Is Sexting Illegal? – Avvo article on the legality of sexting
• Think Before You Send Campaign – Resources for parents, teens and educators on safely navigating legal issues around teen sexting