New Sexting Laws in 2011
As you know, sexting has become a huge issue in recent years resulting in tragic endings for some teenagers and extremely harsh legal penalties for others facing charges under states’ child pornography laws. Sexting is the sending or receiving of nude or semi-nude photos by cell phone or computer.
States have been taking on the issue in hopes of deterring teens from engaging in this digital danger, but also attempting to create a law that fits the “crime” or act rather than slapping minors with child pornography charges for behavior that was not intended under those laws. Knowing and understanding the possible legal consequences is always important, but teens and parents must be aware of all potential consequences (emotional, social, etc.) and realize that once a digital photo is shared, it can never by permanently deleted. For more about the digital dangers of sexting, take a look at our posts on sextortion and 13 year old Hope Witsell’s tragic story.
Photo by Rohan Kar
The following is a list of proposed legislation and newly passed laws concerning sexting.
Sexting is a misdemeanor offense in these states: Illinois and Connecticut have made the act of sexting a misdemeanor with possible consequences being court supervision, community service and counseling. Sexting is now a misdemeanor offense in Texas as of June 2011. (See other states that have passed similar laws below.)
Proposed sexting legislation: If this law passes, first-time offenders in New Jersey could avoid prosecution by completing a diversion program, which includes education about the social consequences and criminal penalties of sexting. In 2010, at least 16 states introduced or considered bills aimed at sexting. One proposed bill requires sexters to take educational programs exploring the connection between bullying and sharing of sexually suggestive material. States where sexting legislation has been introduced include Florida, Indiana, Kentucky, Mississippi, New York, Ohio, Oklahoma, Pennsylvania, Rhode Island and South Carolina. In 2011, the number of states taking up the issue exceeded 21.
Sexting has been decriminalized or the penalties reduced in the following states: Other states that have reduced the penalties for sexting and made it a misdemeanor or a status offense include Arizona, Colorado, Louisiana, Missouri, Nebraska, North Dakota, Rhode Island*, Utah and Vermont. The penalties in these states may include court supervision, community service, educational classes, counseling and even a short period of time in juvenile detention.
Sexting may be charged as a felony and a violation of child pornography laws in all other states that have not passed laws to specifically address the act. Teens not only risk being prosecuted for a felony and the harsh penalties imposed under these laws, but possibly having to register as a sex offender. Phillip Alpert was 18 when he forwarded nude photos of his girlfriend to others. He’s now a convicted felon and has to register as a sex offender until he’s 43 years old.
Teens and parents must realize the seriously unforgiving consequences of what may appear to be an “innocent” sext.
*In Rhode Island, sexting has been decriminalized for those who send a sexted image of themselves. However, teens who are caught sending sexted photos of others may still be charged with a criminal offense as well as a felony.
Update: On October 1, 2011, a new sexting law went into effect in Florida decriminalizing sexting for first-time offenders who face eight hours of community service or a $60 fine. However, the penalties increase for second and third offenses making felony charges a possibility for the third offense.
This post was written by Judge Tom. Judge Tom is the founder and moderator of AsktheJudge.info. He is a retired juvenile judge and spent 23 years on the bench. He has written several books for lawyers and judges as well as teens and parents including the recently published 'Teen Cyberbullying Investigated' (Free Spirit Publishing). When he's not answering teens' questions, Judge Tom can be found hiking, traveling and reading.
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RT @ask_the_judge: Teens and parents – check out these must know laws concerning sexting. http://fb.me/TVXNiaZm
RT @ask_the_judge: Teens and parents – check out these must know laws concerning sexting. http://fb.me/TVXNiaZm
search susquenita high school sexting ..located in perry county penna.. felonies pursued against minors,,,, school administration viewed nude pics of their minor students all day long before calling state police and parents…. school staff under investigation for viewing of child pornography,,,,head principal even demonstated to few parents what one of the minor teen girls were doing…..little sick and twisted huhhh… too much of this national known story to type,, do the search and read the links…. viewing of of nude minors, is considered viewing of child porn,,, and carries a felony charge for the adult involved…sorry school teachers and admin… your not exempt from this…unless you work in a crimes lab…..
No person is exempt from the law, but at the same time everyone is presumed innocent until proven guilty in a court of law. A full investigation of this incident will be done and the justice system will be involved if and when formal charges are brought. Thanks for your comment.
[This is information only - not legal advice].
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Should a lewd text meant as a joke and sent to a neighbor result in criminal charges? Join the ATJ community… http://fb.me/L7xH3H9l
hello judge, maybe you should ask the perry county district attorney in pa. , why hes covering up the actions of approx 5 staff members viewing the nude pics of minors?? keep in mind these were body part photos with no face of identity…..hmmmmm….makes ya wonder why they kept passing them around…they did this the next day as well..phones were turned on by staff members and searched through by staff members, students informed them what was on the phones …they still viewed them…..all day long… can we all say “cover up”….is this angel beach high..”porkys movie” where we identify students by their bodyparts???all this being kept quiet….its a shame no one in our crooked legal system has the balls to pursue this….another example of our system covering up our own “shi$”!! at least there was one reporter from the patriot news that exposed this story.. he even had voice audio recordings of an expolsion hearing, where administration being questioned by an defense attorney…studdered with admitting of viewing of child pornography…. not long after that principal resigned…..hmmm ..
Thank you for your comments, Calidude. We are not aware of the incident you mention in Penn., however, we have discussed a case involving school officials being investigated for looking at images on students’ phones and possibly invading their privacy. For that story, click here.
Dear Judge, Quick question i’m a 20 year old male and made a horrible mistake, met a girl online who i did not know was a minor. She is in Kentucky Myself in Ohio she’s 17 though i had not known this, there was sexting involved however no nude pictures.There were pics of her sent to me that were “revealing” however not nude What kind of punishment am i in for? i realize i’ll probably lose my job along with any ability to have a normal life if i am sent to jail for a simple mistake. I figure i might as well be prepared for the worst. We have never met, only texted. Thank you for your response at your leisure.
Dear Scared: What may happen depends on a number of factors: the state laws that exist regarding sexting, where you were when the pictures were sent & received, and the content of the photos. “Revealing” shots may or may not fit the legal definition of child pornography, sexting, etc. If you Google both states and “sexting laws” you’ll find information about this and the penalties. Ohio has recently criminalized sexting – see here: http://www.dailymotion.com/video/xh9c6s_changes-made-to-ohio-sexting-law-stirs-mixed-emotions_news
You could also speak with a local criminal defense attorney for advice on what to do with the pictures on your phone. Many attorneys provide a free consultation for the first 30 minutes or so. This may be all you need to explain the situation and get some advice. Good luck.
(This is information only – not legal advice).
New R.I. #sexting law decriminalizes the act for those who sext photos of themselves. See other states w/ similar laws. http://t.co/rcBlyNi
New R.I. #sexting law decriminalizes the act for those who sext photos of themselves. See other states w/ similar laws. http://t.co/rcBlyNi
[...] then avoids having a record for the incident. However, in the majority of states there are no sexting laws per se, so teens still face possible felony charges under the child porn [...]
[...] of Anthony Weiner if those same actions were conducted by a child or teenager. Why? Because “sexting” is the latest teenage epidemic. It’s obviously a serious issue! We have been [...]
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i think they need to be harsher
very good
Thank you, SG.
I sent a nude private area to some one that turned out to be a minor. I’m not a pervert or anything and have a steady girlfriend. I am 57 years old. I live in south Carolina. She has been blackmailing me about the photos so I called my local police and told them the situation. They said no more money. She carried on an explicit conversation for a while about the pictures. Am I looking at a felony if I am reported.
Dear Michael: We are an educational site for & about teenagers and the laws that affect them. We don’t provide legal advice to adults or teens.
We suggest you speak with a local criminal defense lawyer about this. He or she would know the laws in your state that apply to sexting, etc. Good luck.
(This is information only – not legal advice)
Dear judge, what if a 23 year old sent a nude pic to a minor who he did not know at the time is a minor, what are the consequences if she is In CA
Dear Branden: Under California’s law banning “harmful matter sent with the intent to seduce a minor”, an adult who sexts a minor could face misdemeanor or felony charges depending on the specific facts and the person’s criminal history. The consequences range from unsupervised probation to jail time and sex offender registration. Whether or not the adult should have known that he was sexting a minor may be left for the judge or jury to decide if the case goes that far. It’s best to play it safe and not sext anyone who you are uncertain of their age. Good luck.
(This is information only – not legal advice.)
What if an 18 year old who lives in NC sends a nude picture to a 17 year old that lives in West Virginia? What could be the legal consequences?
Dear Worried: It depends on the laws in each state. Many states have sexting laws and you have to look to the specific language to see if the law has been broken. Google the name of each state and “sexting laws” for information. It also depends on whether there’s enough evidence for the county or district attorney to file charges.
(This is information only – not legal advice).