ALABAMA

Ala. Code §§13A-6-111, 13A-12-190 to 13a-12-198 13A-12-200.1

Minors who engage in sexting may be charged under Alabama's general child pornography laws, but a minor's case may be handled in juvenile court.

Any person who knowingly photographs or otherwise produces any obscene matter that contains a visual depiction of a person under 17 engaged in any act of sexual conduct shall be guilty of a Class A felony.

Any person who knowingly displays publicly any obscene matter containing a visual depiction of a person under 17 engaged in any act of sado-masochistic abuse, sexual intercourse, sexual excitement, masturbation, breast nudity, genital nudity, or other sexual conduct shall be guilty of a Class B felony.

Any person who knowingly possesses with intent to disseminate any obscene matter containing a visual depiction of a person under 17 engaged in sexual conduct shall be guilty of a Class B felony.

Any person who knowingly possesses any obscene matter containing a visual depiction of a person under the age of 17 engaged in sexual conduct shall be guilty of a Class C felony.

Any parent or guardian who knowingly permits their dependent under 17 to engage in the production of any obscene matter containing a visual depiction of such dependent engaged in any act of sado-masochistic abuse, sexual excitement, masturbation, breast nudity, genital nudity, or other sexual conduct shall be guilty of a Class A felony.

“Sexual conduct” means:

A. Any act of sexual intercourse, masturbation, urination, defecation, lewd exhibition of the genitals, sado-masochistic abuse, bestiality, or the fondling of the sex organs of animals; or

B. Any other physical contact with a person's unclothed genitals, pubic area, buttocks, or the breast or breasts of a female, whether alone or between members of the same or opposite sex or between a human and an animal, in an act of sexual stimulation, gratification or perversion.

“Breast nudity” means the lewd showing of the post-pubertal human female breasts below a point immediately above the top of the areola.

“Genital nudity” means the lewd showing of the genitals or pubic area.

“Harmful to minors” means:

A. The average person, applying contemporary community standards, would find that the material, taken as a whole, appeals to the prurient interest of minors; and

B. The material depicts or describes sexual conduct, breast nudity or genital nudity, in a way which is patently offensive to prevailing standards in the adult community with respect to what is suitable for minors; and

C. A reasonable person would find that the material, taken as a whole, lacks serious literary, artistic, political or scientific value for minors.

The criminal provisions shall not apply to bona fide public libraries, or public school or college or university libraries or their employees or agents acting on behalf of the legitimate educational purposes of such public libraries, or public school or college or university libraries.

ALASKA

Alaska Stat. Ann. §§11.61.116, 11.61.123, 11.61.128

Minors who engage in sexting will be prosecuted for violating child pornography laws.

A person distributes indecent material to minors (class C felony) if the person, 18 or older:

A. Intentionally distributes or possesses with intent to distribute any material to either a child that the person knows or believes is under 16;

B. Knows that the material depicts actual or simulated conduct; and

C. The material is harmful to minors.

A person sends an explicit image of a minor (a class B or class A misdemeanor depending on whether the person distributes the image to another person (class B) or an internet website that is accessible to the public (class A)) if the person, with intent to annoy or humiliate another person, distributes an electronic photograph or video that depicts the genitals, anus, or female breast of that other person taken when that person was a minor under 16.

Indecent viewing or photography: The person knowingly views or produces a picture of the private exposure of the genitals, anus, or female breast of another person and the view or production is without the knowledge or consent of: the parent or guardian of the person viewed, or who is shown in the picture, if the person who is viewed or shown is under 16; and the person viewed or shown in the picture, if the person viewed or shown is at least 13.

“Sexual conduct” means sexual penetration, the lewd touching of another person's genitals, anus, or breast; the lewd touching by another person of the child's genitals, anus, or breast; masturbation; bestiality; the lewd exhibition of the child's genitals; or sexual masochism or sadism.

“Harmful to minors” means the average individual, applying contemporary community standards, would find that:

1. Taken as a whole, the material appeals to the prurient interest in sex for persons under 16;

2. A reasonable person would find that the material, taken as a whole, lacks serious literary, artistic, educational, political, or scientific value for persons under 16; and

3. The material depicts actual or simulated conduct in a way that is patently offensive to the prevailing standards in the adult community as a whole with respect to what is suitable for persons under 16.

Indecent viewing of photography does not apply to viewing or photography conducted by a law enforcement agency for a law enforcement purpose.

It is an affirmative defense that the viewing or photography was conducted as a security surveillance system, notice of the viewing or photography was posted, and any viewing or use of pictures produced is done only in the interest of crime prevention or prosecution.

ARIZONA

Ariz. Rev. Stat. Ann. §§13-705, 13-3501, 13-3551, 13-3553

Persons under 18 who engage in sexting by exchanging sexually explicit pictures of themselves may be charged in juvenile court.

Using an electronic communication device to possess visual depictions of minors that depict explicit sexual material is a Class 2 misdemeanor. The maximum term of imprisonment is 4 months.

Sexual exploitation of a minor occurs by knowingly recording, filming, photographing, developing or duplicating any visual depiction in which a minor is engaged in sexual conduct; or electronically transmitting any visual depiction in which a minor is engaged in exploitive exhibition or other sexual conduct. It is a Class 2 felony and punishable with a presumptive 5 year term of incarceration. However, sexual exploitation of a minor under 15 is classified as a dangerous crime against children and punishable with a presumptive 17 year term of incarceration.

“Sexual conduct” means actual or simulated:

A. Sexual intercourse, including genital-genital, oral-genital, anal-genital or oral-anal, whether between persons of the same or opposite sex.

B. Penetration of the vagina or rectum by any object except when done as part of a recognized medical procedure.

C, Sexual bestiality.

D. Masturbation, for the purpose of sexual stimulation of the viewer.

E. Sadomasochistic abuse for the purpose of sexual stimulation of the viewer.

F. Defecation or urination for the purpose of sexual stimulation of the viewer.

“Harmful to minors” means that quality of any description or representation, in whatever form, of nudity, sexual activity, sexual conduct, sexual excitement, or sadomasochistic abuse, when both:

A. To the average adult applying contemporary state standards with respect to what is suitable for minors, it both: 1. appeals to the prurient interest, when taken as a whole. In order for an item as a whole to be found or intended to have an appeal to the prurient interest, it is not necessary that the item be successful in arousing or exciting any particular form of prurient interest either in the hypothetical average person, in a member of its intended and probable recipient group or in the trier of fact; and 2. Portrays the description or representation in a patently offensive way.

B. Taken as a whole does not have serious literary, artistic, political, or scientific value for minors.

A juvenile is exempted from the crime of possessing an explicit sexual depiction if the juvenile:

A. did not solicit the visual depiction;

B. Took reasonable steps to destroy or eliminate the visual depiction; and

C. Did not provide the visual depiction to another person.

ARKANSAS

Ark. Code Ann. §§5-27-303(a), 5-27-609, 5-68-501

“Sexting” is the distribution of sexually explicit digital material by a juvenile.

A juvenile commits the offense of sexting if he or she purposely creates, produces, distributes, presents, transmits, posts, exchanges, disseminates, or possesses through a computer, wireless communication device, or digital media, any sexually explicit digital material.

Possession of sexually explicit digital material is a Class A misdemeanor.

A juvenile who pleads guilty or nolo contendere to or is found guilty of the offense may be ordered to 8 hours of community service if it is the juvenile's first offense.

Any person 18 or older who induces any child to engage in or who has a child assist any other person to engage in sexually explicit conduct for the purpose of producing any visual or print medium is guilty of a Class B felony for the first offense and Class A felony for a subsequent offense.

“Nudity” means a:

A. Showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering;

B. Showing of the female breast with less than a fully opaque covering of any portion of the female breast below the top of the nipple; or

C. Depiction of covered male genitals in a discernibly turgid state.

“Sexual conduct” means an act of masturbation, homosexuality, sexual intercourse, or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks, or female breast.

“Sexually explicit digital material” means any photograph, digitized impact, or visual depiction of a juvenile in any condition of nudity or involved in any prohibited sexual act.

“Harmful to minors” means that quality of any description, exhibition, presentation, or representation, in whatever form, of nudity, sexual conduct, sexual excitement, or sadomasochistic abuse, when the material or performance, taken as a whole, has the following characteristics:

A. The average person 18 years of age or older applying contemporary community standards would find that the material or performance has a predominant tendency to appeal to a prurient interest in sex to minors;

B. The average person 18 or older applying contemporary community standards would find that the material depicts nudity, sexual conduct, sexual excitement, or sadomasochistic abuse in a manner that is patently offensive to prevailing standards in the adult community with respect to what is suitable for minors; and

C. The material or performance lacks serious literary, scientific, medical, artistic, or political value for minors.

It is an affirmative defense to the offense of sexting that a juvenile:

A. 1. Has not solicited the visual depiction;

2. Does not subsequently disseminate the visual depiction; and

3. Deletes or destroys the visual depiction upon receipt.

B. 1. Creates a visual depiction of himself or herself; and

2. Does not subsequently distribute, present, transmit, post, print, disseminate, or exchange the visual depiction.

CALIFORNIA

Cal Pen Code §§290, 311, 311.1, 311.2, 311.3, 311.4, 311.11, 313

Cal. Educ. Code §48900

No provisions for sexting.

Youth defendants under 18 are handled through the juvenile courts. A teenager who is 18 or 19 who engages in sexting with a person under 17 may be prosecuted under California's general child pornography and exploitation laws.

A. Sale or distribution of obscene matter depicting person under 18 engaging in sexual conduct:

A person who knowingly possesses any image, including any photograph, with intent to distribute, exhibit or exchange with others any obscene matter, knowing that the matter depicts a person under 18 personally engaging in or simulating sexual conduct shall be punished by imprisonment in county jail for up to 1 year, a fine of up to $1,000, imprisonment in the state prison, a fine not to exceed $10,000, or by both.

B. Sexual exploitation of a child:

A person who knowingly develops, duplicates, prints, or exchanges any representation of information or image, including any photograph or any other computer-generated image that contains or incorporates in any manner, any film that depicts a person under 18 engaged in an act of sexual conduct.

C. Employment of minor in sale or distribution of obscene matter or production of pornography:

1. Every person who, knows or reasonably should know a person is a minor, uses the minor to assist in producing, distributing or exhibiting obscene matter that depicts a person under 18 personally engaging in or simulating sexual conduct, shall be punished by imprisonment in the county jail for up to 1 year, or by a fine not exceeding $2,000, or by both that fine and imprisonment, or by imprisonment in the state prison. Any person who has previously been convicted of violating this statute may be fined no more than $50,000.

2. Every person who, with knowledge that a person is a minor under 18, knowingly promotes, employs, uses, persuades, induces, or coerces a minor under 18, or any parent of a minor under 18 under his or her control who knowingly permits the minor, to engage in or assist others in either posing or modeling alone or with others for the purpose of preparing any image, including any photograph or computer-generated image that contains in any manner, any film involving sexual conduct by a minor under 18 alone or with others, for commercial purposes, is guilty of a felony and shall be punished by imprisonment in the state prison for 3, 6, or 8 years.

3. Every person who, with knowledge that a person is a minor under 18, knowingly promotes, employs, uses, persuades, induces, or coerces a minor under 18, or any parent of a minor under 18 who knowingly permits the minor to engage in or assist others to engage in either posing or modeling alone or with others for purposes of preparing any representation of information, or image, including any film, photograph, or computer-generated image that contains in any manner any film involving sexual conduct by a minor under 18 alone or with others, is guilty of a felony. An enhanced penalty will apply when the prosecution involves a minor under the age of 14 at the time of the offense.

D. Possession or control of child pornography:

Every person who knowingly possesses or controls any matter, or image, including any photograph or computer-generated image that contains in any manner, any film, the production of which involves the use of a person under 18, knowing that the matter depicts a person under 18 personally engaging in or simulating sexual conduct, is guilty of a felony and shall be punished by imprisonment in the state prison, or a county jail for up to one year, or by a fine not exceeding $2,500, or by both.

If the matter contains more than 600 images, and 10 or more involve a prepubescent minor or a minor who has not attained 12; or if the matter portrays sexual sadism or sexual masochism involving a person under 18, each person who commits a violation of knowingly possessing child pornography shall be punished by imprisonment in the state prison for 16 months, or 2, or 5 years, or by imprisonment in a county jail for up to 1 year, or by a fine not exceeding $2,500, or by both.

A person who violates this section who has previously been convicted of possession or control of child pornography, an offense requiring registration under the Sex Offender Registration Act, or an attempt to commit the above-mentioned offenses, is guilty of a felony and shall be punished by imprisonment in the state prison for 2, 4, or 6 years. Every person who is convicted in any court in California or in any federal or military court of a violation of s311.1, 311.2 (b)(c)(d), s311.3, 311.4 or 311.11 shall be required to register with the chief of police of the city in which he or she is residing, or the sheriff of the county if he or she is residing, and additionally with the chief of police of a campus of the University of California, the California State University, or community college if he or she resides upon the campus or in any of its facilities.

“Sexual conduct” means the following:

Whether actual or simulated (giving the appearance of being sexual conduct), sexual intercourse, oral copulation, anal intercourse, anal oral copulation, masturbation, bestiality, sexual sadism, sexual masochism, penetration of the vagina or rectum by any object in a lewd or lascivious manner, exhibition of the genitals or pubic or rectal area for the purpose of sexual stimulation of the viewer, any lewd or lascivious sexual act defined in section 288, or excretory functions performed in a lewd or lascivious manner, whether or not any of the above conduct is performed alone or between members of the same or opposite sex or between humans and animals. An act is simulated when it gives the appearance of being sexual conduct.

“Harmful to minors” means that the matter, taken as a whole, which to the average person, applying contemporary statewide standards, appeals to the prurient interest, and is a matter which, taken as a whole, depicts or describes in a patently offensive way sexual conduct and which, taken as a whole, lacks serious literary, artistic, political, or scientific value for minors.

The following do not violate the statute prohibiting the sale or distribution of obscene matter depicting a person under 18 engaging in sexual conduct :

A. Law enforcement and prosecuting agencies in the investigation and prosecution of criminal offenses.

B. Legitimate medical, scientific or educational activities.

C. Lawful conduct between spouses.

The following do not violate the statute prohibiting sexual exploitation of a child:

A. Law enforcement and prosecution agencies in the investigation and prosecution of criminal offenses.

B. Legitimate medical, scientific, or educational activities.

C. Lawful conduct between spouses.

D. An employee of a commercial film developer who is acting within the scope of his or her employment and in accordance with the instructions of his or her employer, provided that the employee has no financial interest in the commercial developer by which he or she is employed,

The prohibition of the sale or distribution of obscene matter depicting a person under 18 engaging in sexual conduct does not apply to matter which depicts a child under 18, which is legally emancipated, including lawful conduct between spouses when one or both are under 18,

The statute prohibiting the sexual exploitation of a child does not apply to matter that is unsolicited and received without knowledge or consent through a facility, system, or network over which the person or entity has no control.

The statute prohibiting the possession of child pornography does not apply to drawings, figurines, statues, or any film rated by the Motion Pictures Association of America, nor does it apply to live or recorded telephone messages when transmitted, disseminated, or distributed as part of a commercial transaction.

It is a defense that the act was committed in aid of legitimate scientific or educational purposes.

It is a defense that a person who knowingly distributed obscene matter via telephone to any person under 18 that the defendant took either measure:

A. Required the recipient to use an authorized access or identification code before transmission begins; or

B. Required payment by credit card before transmission of the matter.

COLORADO

Colo. Rev. Stat. Ann. §§18-6-403, 18-3-405.4

No provisions for sexting.

A juvenile could be charged with Sexual Exploitation of a Child. These are sex offenses and registration as a sex offender is required by Colorado law.

A person commits sexual exploitation of a child if he or she knowingly: causes, induces, entices, or permits a child to engage in, or be used for, any explicit sexual conduct for the making of any sexually exploitative material. This is a class 3 felony.

A person commits sexual exploitation of a child if he or she knowingly: possesses or controls any sexually exploitative material for any purpose. This is a class 6 felony; however, it is a class 4 felony if it is a subsequent offense or if the material is a video, video tape or motion picture or more than 20 different items qualifying as sexually exploitative material.

Internet sexual exploitation of a child is a class 4 felony. A person commits internet sexual exploitation of a child if he or she knowingly entices through communication via a computer network or system, telephone network, or data network or by a text message or instant message, a person whom the person knows or believes to be under 15 and at least 4 years younger than the actor to: expose or touch the person's own or another person's intimate parts while communicating with the actor; or observe the actor's intimate parts via a computer network or system, telephone network, or data network or by a text message or instant message.

“Sexually exploitative material” means any photograph, motion picture, video, video tape, print, negative, slide, or other mechanically, electronically, chemically, or digitally reproduced visual material that depicts a child engaged in, participating in, observing, or being used for explicit sexual conduct.

“Explicit sexual conduct” means sexual intercourse, erotic fondling, erotic nudity, masturbation, sadomasochism, or sexual excitement.

The statute prohibiting sexual exploitation of a child does not apply to peace officers or court personnel in the performance of their official duties, nor does it apply to physicians, psychologists, therapists, or social workers, so long as such persons are licensed in Colorado and possess such materials in the course of a bona fide treatment or evaluation program at the treatment or evaluation site.

CONNECTICUT

Conn. Gen. Stat. §53a-193, 53a-196, 53a-196g, 53a-196h

Laws specifically address minor teens who engage in sexting.

Possession or transmission of child pornography by a minor is a Class A misdemeanor.

No person who is 13 or older but under 18 may knowingly possess any visual depiction of child pornography that the subject of such visual depiction knowingly and voluntarily transmitted by means of an electronic communication device to such person and in which the subject of such visual depiction is a person 13 or older but under 16.

No person who is 13 or older but under 16 may knowingly and voluntarily transmit by means of an electronic communication device a visual depiction of child pornography in which such person is the subject of such visual depiction to another person who is 13 or older but under 18.

“Child pornography“ means any visual depiction, whether made or produced by electronic, mechanical or other means, of sexually explicit conduct, where the production of such visual depiction involves the use of a person under 16 engaging in sexually explicit conduct.

“Sexually explicit conduct” means actual or simulated: sexual intercourse, including genital-genital, oral-genital, anal-genital or oral-anal physical contact; bestiality; masturbation; sadistic or masochistic abuse; lascivious exhibition of the genitals or pubic area of any person.

Material is “obscene as to minors” if it depicts a prohibited sexual act and, taken as a whole, is harmful to minors.

“Harmful to minors” means that quality of any description or representation, in whatever form, of a prohibited sexual act when it: predominately appeals to the prurient, shameful or morbid interest of minors; Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors; and Taken as a whole, lacks serious literary, artistic, educational, political or scientific value for minors.

In any prosecution for possessing child pornography in the first degree, second degree, or third degree, it shall be an affirmative defense that the defendant's acts, if proven, would constitute a violation of the teen sexting law.

In any prosecution it shall be an affirmative defense that the defendant:

A. 1. Possessed fewer than 3 visual depictions of child pornography.

2. Did not knowingly purchase or request such visual depictions or knowingly take any other action to cause such visual depictions to come into the defendant's possession

3. Promptly and in good faith, and without retaining or allowing any person, other than a law enforcement agency, to access any visual depiction or copy thereof, took reasonable steps to destroy each visual depiction,

B. Possessed a visual depiction of a nude person under 16 for a bona fide artistic, medical, scientific, educational, religious, governmental, or judicial purpose.

DELAWARE

Del. Code Ann. tit. 11, §§1100, 1108, 1110, 1111

There are no specific teen sexting laws in Delaware. Teenagers who engage in sexting can face serious criminal charges.

A. A person is guilty of sexual exploitation of a child, a class B felony, when the person:

1. Knowingly photographs or films a child engaging in a prohibited sexual act or in the simulation of such an act, or otherwise knowingly creates a visual depiction of a child engaging in a prohibited sexual act or in the simulation of such an act; or

2. Knowingly finances or produces any visual depiction of a child engaging in a prohibited sexual act or in the simulation of such an act; or

3. Knowingly publishes or makes available for public distribution or sale by any means, including but not limited to computer, any book, magazine, periodical, pamphlet, photograph, Internet site, web page, or other visual depiction which depicts a child engaging in a prohibited sexual act or in the simulation of such an act; or

4. Permits, causes, promotes, facilitates, finances, produces or otherwise advances an exhibition, display or performances of a child engaging in a prohibited sexual act or the simulation of such an act.

Any person convicted for sexual exploitation of a child who is convicted of a second or subsequent violation shall, upon such second or subsequent conviction, be sentenced to life imprisonment.

B. A person is guilty of unlawfully dealing in child pornography, a class B felony, when the person:

1. Knowingly transmits, including by computer or any other electronic or digital method, any visual depiction of a child engaging in a prohibited sexual act or in the simulation of such an act;

2. Knowingly receives for the purpose of selling any visual depiction of a child engaging in a prohibited sexual act or in the simulation of such an act;

3. Knowingly disseminates by any digital method any visual depiction of a child engaging in a prohibited sexual act or the simulation of such an act;

4. Intentionally possesses any visual depiction of a child engaging in a prohibited sexual act or the simulation of such an act; or

5. Knowingly distributes any visual depiction with intent to create or convey the impression that such visual depiction is or contains a depiction of a child engaging in a prohibited sexual act or in the simulation of such an act.

C. A person is guilty of possession of child pornography, a class F felony, when the person:

1. Knowingly possesses any visual depiction of a child engaging in a prohibited sexual act or in the simulation of such an act; or

2. Knowingly possesses any visual depiction which has been created, adapted, modified or edited so as to appear that a child is engaging in a prohibited sexual act or in the simulation of such an act.

“Prohibited sexual act” shall include: sexual intercourse; anal intercourse; masturbation; bestiality; sadism; masochism; fellatio; cunnilingus; nudity, if to be depicted for the purpose of the sexual stimulation or gratification of any viewer; sexual contact; lascivious exhibition of the genitals or pubic area of any child; any other act which is intended to be a depiction or simulation of any act described.

DISTRICT OF COLUMBIA

D.C. Code §§22-2201, 3101, 3102

At least one criminal law does not apply to teens that sext, as long as they are within 4 years of age of one another, though at least one other criminal law in the district does not make an age-related exception.

“Minor” means any person under 17 years of age.

A. It shall be unlawful in the District of Columbia for any person to knowingly sell, deliver, distribute, or provide to a minor:

1. Any visual representation or image of a person or portion of the human body which depicts nudity, sexual conduct, or sado-masochistic abuse and which taken as a whole is patently offensive because it affronts prevailing standards in the adult community as a whole with respect to what is suitable material for minors; or

2. Any printed matter or sound recording which depicts nudity, sexual conduct, or sado-masochistic abuse or which contains explicit and detailed descriptions of sexual conduct and which taken as a whole is patently offensive because it affronts prevailing standards in the adult community as a whole with respect to what is suitable material for minors.

B. It shall be unlawful for a person to use a minor in a sexual performance or to promote a sexual performance by a minor.

1. If knowing the character and content thereof, a person employs, authorizes, or induces a person under 18 to engage in a sexual performance or being the parent, legal guardian, or custodian of a minor, he or she consents to the participation by a minor in a sexual performance.

2. If knowing the character and content thereof, a person produces, directs, or promotes any performance which includes sexual conduct by a person under 18.

C. It shall be unlawful for a person, knowing the character and content thereof, to attend, transmit, or possess a sexual performance by a minor.

“Nudity” includes the showing of the human male or female genitals, pubic area or buttocks with less than a full opaque covering, or the showing of the female breast with less than a full opaque covering of any portion thereof below the top of the nipple, or the depiction of covered male genitals in a discernibly turgid state.

“Sexual conduct” means:

A. Actual or simulated sexual intercourse:

1. Between the penis and the vulva, anus, or mouth;

2. Between the mouth and the vulva or anus; or

3. Between an artificial sexual organ or other object or instrument used in the manner of an artificial sexual organ and the anus or vulva;

B. Masturbation;

C. Sexual bestiality.

“Sexual performance” means any performance or part thereof which includes sexual conduct by a person under 18.

If a sexual performance consists solely of a still or motion picture, then the law shall not apply:

1. To the minor or minors depicted in a still or motion picture who possess it or transmit it to another person unless at least one of the minors depicted in it does not consent to its possession or transmission; and

2. To possession of a still or motion picture by a minor, or by an adult not more than 4 years older than the minor or minors depicted in it, who receives it from a minor depicted in it unless the recipient knows that at least one of the minors depicted in the still or motion picture did not consent to its transmission.

It shall be an affirmative defense to a charge that the dissemination was to institutions or individuals having scientific, educational, or other special justification for possession of such material.

FLORIDA
Fla. Stat. §§847.001; 847.0137; 847.0141; 1006.147
Thirteenth Judicial Circuit Administrative Order No. S-2011-048

Sexting committed if minor knowingly:

A. Uses a computer or other device capable of electronic data transmission, to transmit or distribute to another minor any photo or video of any person which depicts nudity and is harmful to minors.

B. Possesses a photograph or video of any person that was transmitted or distributed by another minor which depicts nudity, and is harmful to minors.
Transmissions of multiple photos or videos within one 24 period are one offense. A minor who commits the offense of sexting commits a noncriminal violation for a first violation, punishable by 8 hours of community service, or if ordered by the court in lieu of community service, a $60 fine. The court may order the minor to participate in suitable training in lieu of or in addition to community service or a fine.

A minor who has been found to have committed a noncriminal violation for sexting and makes a subsequent violation commits a misdemeanor of the first degree.

A minor who has been found to have committed a misdemeanor of the first degree for sexting and makes a subsequent violation commits a felony of the third degree.

The sexting statute does not prohibit the prosecution of a minor for violating any law of Florida if the photograph or video that depicts nudity also includes the depiction of sexual conduct or sexual excitement and does not prohibit the prosecution of a minor for stalking.

Transmission of pornography by electronic device or equipment is prohibited.

1. Any person in Florida who knew or reasonably should have known that he or she was transmitting child pornography to another person in Florida or in another jurisdiction commits a 3rd degree felony.

2. Any person in any jurisdiction other than Florida who knew or reasonably should have known that he or she was transmitting child pornography to any person in Florida commits a 3rd degree felony.

“Nudity” means the showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering; or the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple; or the depiction of covered male genitals in a discernibly turgid state. A mother's breastfeeding does not under any circumstance constitute “nudity,” irrespective of whether or not the nipple is covered during or incidental to feeding.

“Sexual conduct” means actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, or sadomasochistic abuse; actual lewd exhibition of the genitals; actual physical contact with a person's clothed or unclothed genitals, pubic area, buttocks, or, if such person is a female, breast with the intent to arouse or gratify the sexual desire of either party; or any act or conduct which constitutes sexual battery or simulates that sexual battery is being or will be committed. A mother's breastfeeding of her baby does not under any circumstance constitute “sexual conduct.”

“Harmful to minors” means any reproduction, imitation, characterization, description, exhibition, presentation, or representation, of whatever kind or form, depicting nudity, sexual conduct, or sexual excitement when it:

A. Predominantly appeals to a prurient, shameful, or morbid interest;

B. Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material or conduct for minors; and

C. Taken as a whole is without serious literary, artistic, political, or scientific value for minors.

Transmission of pornography by an electronic device does not apply to subscription-based transmissions such as list servers.

GEORGIA

Ga. Code Ann. §16-12-100, 16-12-100.1, 16-12-100.2

A. A minor who violates the prohibition against the sexual exploitation of children shall be guilty of a misdemeanor if:

1. The minor depicted was at least 14 at the time the visual medium was created;

2. The visual medium was created with the permission of the minor depicted; and

3. The defendant was 18 or younger at the time of the offense and:

a. the defendant's violation did not involve the distribution of such visual medium to another person; or

b. In the court's discretion, and when the prosecuting attorney and the defendant have agreed, if the defendant's violation involved the distribution of visual medium to another person but such distribution was not for the purpose of:

i. Harassing, intimidating, or embarrassing the minor depicted; or

ii. For any commercial purpose.

B. Any person who electronically furnishes obscene material to minors shall be guilty of a misdemeanor if:

1. at the time of the offense, the minor receiving the obscene materials was at least 14;

2. the receipt of materials was with the permission of the minor; and

3. The defendant was 18 years of age or younger.

C. Any person who violates the section against computer or electronic pornography shall be guilty of a misdemeanor if:

1. at the time of the offense, any identifiable child visually depicted was at least 14 when the visual depiction was created;

2. the visual depiction was created with the child's permission;

3. the defendant possessed the visual depiction with the child's permission; and

4. the defendant was 18 or younger at the time of the offense and:

a. did not distribute the visual depiction to another person or;

b. In the court's discretion, when the prosecuting attorney and the defendant have agreed.

A. Sexual exploitation of children:

1. It is unlawful for any person knowingly to:

a. Employ, use, persuade, induce, entice, or coerce any minor to engage in or assist any other person to engage in any sexually explicit conduct for the purpose of producing any visual medium depicting such conduct.

b. Employ, use, persuade, induce, entice, or coerce any minor to engage in or assist any other person to engage in sexually explicit conduct for the purpose of any performance.

c. Create, reproduce, publish, promote, sell, distribute, give, exhibit, or possess with intent to sell or distribute any visual medium which depicts a minor or a portion of a minor's body engaged in any sexually explicit conduct.

d. Advertise, sell, purchase, barter, or exchange any medium which provides information as to where any visual medium which depicts a minor or a portion of a minor's body engaged in any sexually explicit conduct can be found or purchased.

e. Bring or cause to be brought into Florida any material which depicts a minor or a portion of a minor's body engaged in any sexually explicit conduct.

f. Knowingly possess or control any material which depicts a minor or a portion of a minor's body engaged in any sexually explicit conduct.

2. It is unlawful for any parent, legal guardian, or person having custody or control of a minor knowingly to permit the minor to engage in or to assist any other person to engage in sexually explicit conduct for the purpose of producing any visual medium depicting such conduct or for the purpose of any performance.

B. Electronically furnishing obscene material to minors: A person commits the crime of electronically furnishing obscene materials to minors if:

1. Knowing the character of the material furnished, the person electronically furnishes to an individual whom the person knows or should have known is a minor: a. any visual representation or image of a person or portion of a human body which depicts sexual conduct and which is harmful to minors; or b. any written matter that contains material described in (A) of this paragraph or contains explicit verbal descriptions or narrative accounts of sexual conduct;

2. The offensive portions of the material electronically furnished to the minor are not merely an incidental part of an otherwise nonoffending whole;

3. The material furnished to the minor as a whole lacks serious literary, artistic, political, or scientific value; and

4. The material furnished to the minor, as a whole, is harmful to minors in that it appeals to and incites prurient interest.

Any person who electronically furnishes obscene material to minors shall be guilty of a misdemeanor of a high and aggrieved nature.

C. Computer or electronic pornography: A person commits the offense of computer or electronic pornography if such person intentionally (A) transmits by computer or electronic device; (B) reproduces by other computer or other electronic device; causes or allows to be entered into or transmitted by computer or other electronic device; or disseminates any solicitation or visual depiction of sexual conduct.

“Sexual conduct” means human masturbation, sexual intercourse, or any touching of the genitals, pubic areas, or buttocks of the human male or female or the breasts of the female, whether alone or between members of the same or opposite sex or between humans and animals in an act of apparent sexual stimulation or gratification.

“Harmful to minors” means that quality of description or representation, in whatever form, of nudity, sexual conduct, sexual excitement, or sadomasochistic abuse, when it: (A) Taken as a whole, predominantly appeals to the prurient, shameful, or morbid interest of minors; (B) Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors; and (C) Is, when taken as a whole, lacking in serious literary, artistic, political, or scientific value for minors.

The sexual exploitation of children provisions shall not apply to the activities of law enforcement and prosecution agencies in the investigation and prosecution of criminal offenses; legitimate medical, scientific, or educational activities; or any person who creates or possesses a visual medium depicting only himself or herself engaged in sexually explicit conduct.

HAWAII

Haw. Rev. Stat. §§707-759, 712-1210, 712-1215, 712-1215.5, 712-1215.6

A. Promoting minor-produced sexual images in the second degree is a petty misdemeanor. A minor (under 18) promotes minor-produced sexual images in the second degree if the minor

1. Knowingly uses a computer, cell phone, or any other device capable of electronic data transmission or distribution, to transmit or distribute to another person a nude photograph or video of a minor or the minor's self; or

2. Intentionally or knowingly commands, requests, or encourages another minor to use a computer, cell phone, or any other device capable of electronic data transmission or distribution, to transmit to any person a nude photograph or video of a minor or the minor's self.

A. Promoting pornography for minors is a class C felony. A person promotes pornography for minors if:

1. The person knowingly disseminates to a minor material which is pornographic for minors; or

2. The person knowingly exhibits a motion picture film or other performance to a minor which is pornographic for minors.

B. Promoting minor-produced sexual images in the first degree is a misdemeanor. A person, 18 or older, promotes minor-produced sexual images in the first degree if the person intentionally or knowingly commands, requests, or encourages a minor to use a computer, cell phone, or any other device capable of electronic data transmission or distribution to transmit to any person a nude photograph or video to a minor.

C. Indecent electronic display to a child is a misdemeanor. Any person who intentionally masturbates or intentionally exposes the genitals in a lewd or lascivious manner live over a computer online service, internet service, or local bulletin board service and who knows or should know or has reason to believe that the transmission is viewed on a computer or other electronic device by:

1. A minor known by the person to be under 18;

2. Another person in reckless disregard of the risk that the other person is under 18, and the other person is under 18; or

3. Another person who represents that person to be under the age of 18,

is guilty of indecent electronic display to a child.

“Nude” means unclothed or in attire, including but not limited to sheer or see-through attire, so as to expose to view any portion of the public hair, anus, cleft of the buttocks, genitals or any portion of the female breast below the top of the areola.

“Sexual conduct” means acts of masturbation, homosexuality, lesbianism, bestiality, sexual intercourse or physical contact with a person's clothed or unclothed genitals, public area, buttocks, or the breast or breasts of a female for the purpose of sexual stimulation, gratification, or perversion.

Any material is “pornographic for minors” if:

A. It is primarily devoted to explicit and detailed narrative accounts of sexual excitement, sexual conduct, or sadomasochistic abuse; and:

1. It is presented in such a manner that the average person applying contemporary community standards would find that, taken as a whole, it appeals to a minor's prurient interest; and

2. Taken as a whole, it lacks serious literary, artistic, political, or scientific value; or

B. It contains any photograph, drawing, or similar visual representation of any person of the age of puberty or older revealing such person with less than a fully opaque covering of his or her genitals and pubic area, or depicting such person in a state of sexual excitement or engaged in acts of sexual conduct or sadomasochistic abuse; and

1. It is presented in such a manner that the average person, applying contemporary community standards, would find that, taken as a whole, it appeals to a minor's prurient interest; and

2. Taken as a whole, it lacks serious literary, artistic, political, or scientific value.

The offense of promoting pornography for minors does not apply to a parent, guardian, or other person in loco parentis to the minor or a sibling of the minor, or a person who commits any act specified therein in the person's capacity and within the scope of the person's employment as a member of the staff of any public library.

It is an affirmative defense to the offense of promoting minor-produced sexual images in the second degree that the person took reasonable steps to destroy or eliminate the nude photograph or video of a minor.

IDAHO

Idaho Code Ann. §§18-1501 through 18-1523

Idaho applies its child pornography laws to instances of teens sharing explicit photos.

A. A person is guilty of disseminating material harmful to minors when he knowingly gives or makes available to a minor or promotes or possesses with intent to promote to minors, or he knowingly sells or loans to a minor for monetary consideration any visual representation of a person or portion of the human body which depicts nudity, sexual conduct or sado-masochistic abuse and which is harmful to minors.

Disseminating material harmful to minors is a misdemeanor punishable by confinement in the county jail not to exceed one year, or by a fine not to exceed $1,000, or by both.

B. It is a felony for a person at least five years older than a minor child who is 16 or 17, who, with intent of appealing to such person, minor child, or third party to:

1. Solicit such minor child to participate in any sexual act ; or

2. Make any photographic or electronic recording of such minor child.

Any person guilty of a violation of this shall be imprisoned in the state prison for a period not to exceed 25 years.

C. A person commits sexual exploitation of a child if he knowingly and willfully:

1. Possesses or accesses through any means including, but not limited to, the internet, any sexually exploitative material;

2. Causes, induces or permits a child to engage in, or be used for, any explicit sexual conduct for the purpose of producing or making sexually exploitative material; or

3. Promotes, prepares, publishes, produces, makes, finances, offers, exhibits or advertises any sexually exploitative material; or

4. Distributes through any means including, but not limited to, mail, physical delivery or exchange, use of a computer or any other electronic or digital method, any sexually exploitative material. Distribution of sexually exploitative material does not require a pecuniary transaction or exchange of interests in order to complete the offense.

The sexual exploitation of a child pursuant to (C)(1) is a felony and shall be punishable by imprisonment in the state prison for a period not to exceed 10 years or by a fine not to exceed $10,000, or by both.

The sexual exploitation of a child pursuant to (C)(2), (3), and (4), is a felony and shall be punishable by imprisonment in the state prison for a term not to exceed 30 years or by a fine not to exceed $50,000 or by both.

“Nudity” means the showing of the human male or female genitals, pubic area or buttocks with less than a full opaque covering, or the showing of the female breast with less than a full opaque covering of any portion thereof below the top of the nipple, or the depiction of covered male genitals in a discernibly turgid state.

“Sexual conduct” means any act of masturbation, homosexuality, sexual intercourse, or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks or, if such person be a female, the breast.

“Harmful to minors” includes one or both of the following:

A. The quality of any material or of any performance or of any description or representation, in whatever form, of nudity, sexual conduct, sexual excitement, or sado-masochistic abuse when it:

1. Appeals to the prurient interest of minors as judged by the average person, applying contemporary community standards; and

2. Depicts or describes representations or descriptions of nudity, sexual conduct, sexual excitement, or sado-masochistic abuse which are patently offensive to prevailing standards in the adult community with respect to what is suitable material for minors and includes but is not limited to patently offensive representations or descriptions of intimate sexual acts, normal or perverted, actual or simulated; or masturbation, excretory functions or lewd exhibition of the genitals or genital area.

B. The quality of any material or of any performance, or of any description or representation, in whatever form, which, as a whole, has the dominant effect of substantially arousing sexual desires in persons under the age of 18.

ILLINOIS
105 ILCS 5/27-23.7, 705 ILCS 405/3-40,

720 ILCS 5/11-21, 720 ILCS 5/11-23,

720 ILCS 5/11-24

A minor shall not distribute or disseminate indecent visual images of other minors via any electronic communication device. A minor who commits this violation can be subject to juvenile prosecution.

A minor is someone under the age of 18.

Nothing in this Section shall be construed to prohibit a prosecution for disorderly conduct, public indecency, child pornography, a violation of the Harassing and Obscene Communications Act, or any other applicable provision of law.

A. Distributing harmful material to a minor is a Class A misdemeanor for a first offense and a Class 4 felony for a subsequent offense.

A person is guilty of distributing harmful material to a minor when he or she:

1. Knowingly sells, lends, distributes, exhibits to, depicts to, or gives away to a minor, knowing that the minor is under the age of 18 or failing to exercise reasonable care in ascertaining the person's true age:

a. any material which depicts nudity, sexual conduct or sado-masochistic abuse, or which contains explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexual conduct or sado-masochistic abuse, and which taken as a whole is harmful to minors;

b. a motion picture, show, or other presentation which depicts nudity, sexual conduct or sado-masochistic abuse and is harmful to minors; or

c. an admission ticket or pass to premises where there is exhibited or to be exhibited such a motion picture, show, or other presentation; or

2. Admits a minor to premises where there is exhibited or to be exhibited such a motion picture, show, or other presentation, knowing that the minor is a person under the age of 18 or failing to exercise reasonable care in ascertaining the person's true age.

Any person under 18 who falsely states that he or she is not under 18, or who presents or offers to any person any evidence of age that is false and not actually his or her own with the intent of procuring or attempting to procure or view any harmful material is guilty of a Class B misdemeanor.

A person over 18 who fails to exercise reasonable care in ascertaining the true age of a minor, knowingly distributes any harmful material to a person that he or she believes is a minor is guilty of a Class A misdemeanor.

If the person utilized a computer web camera, cellular telephone, or any other type of device to manufacture the harmful material, then each offense is a Class 4 felony.

B. Posting identifying or graphic information on a pornographic Internet site or possessing graphic information with pornographic material is a felony.

1. A person at least 17 years of age who knowingly discloses on an adult obscenity or child pornography Internet site the name, address, telephone number, or e-mail address of a person under 17 years of age at the time of the commission of the offense or of a person at least 17 years of age without the consent of the person at least 17 years of age is guilty of posting of identifying information on a pornographic Internet site. If the victim is at least 17 at the time of the offense the person is guilty of a Class 4 felony. If the victim is under 17 at the time of the offense the person is guilty of a Class 3 felony.

2. Any person who knowingly places, posts, reproduces, or maintains on an adult obscenity or child pornography Internet site a photograph, video, or digital image of a person under 18 years of age that is not child pornography under Section 11-20.1, without the knowledge and consent of the person under 18 years of age, is guilty of posting of graphic information on a pornographic Internet site. This provision applies even if the person under 18 years of age is fully or properly clothed in the photograph, video, or digital image. A person who violates this subsection is guilty of a Class 4 felony.

3. Any person who knowingly places, posts, reproduces, or maintains on an adult obscenity or child pornography Internet site, or possesses with obscene or child pornographic material a photograph, video, or digital image of a person under 18 years of age in which the child is posed in a suggestive manner with the focus or concentration of the image on the child's clothed genitals, clothed pubic area, clothed buttocks area, or if the child is female, the breast exposed through transparent clothing, and the photograph, video, or digital image is not child pornography under Section 11-20.1, is guilty of posting of graphic information on a pornographic Internet site or possessing graphic information with pornographic material. A person who violates this subsection is guilty of a Class 3 felony.

“Indecent visual depiction” means a depiction or portrayal in any pose, posture, or setting involving a lewd exhibition of the unclothed or transparently clothed genitals, pubic area, buttocks, or, if such person is female, a fully or partially developed breast of the person.

“Harmful to minors” means that quality of any description or representation, in whatever form, of nudity, sexual conduct, sexual excitement, or sado-masochistic abuse, when, taken as a whole, it:

A. Predominately appeals to the prurient interest in sex of minors;

B. Is patently offensive to prevailing standards in the adult community in Illinois as a whole with respect to what is suitable material for minors; and

C. Lacks serious literary, artistic, political, or scientific value for minors.

Telecommunications carriers, commercial mobile service providers, and providers of information services, including, but not limited to, Internet service providers and hosting service providers, are not liable, except for willful and wanton misconduct, by virtue of the transmission, storage, or caching of electronic communications or messages of others or by virtue of the provision of other related telecommunications, commercial mobile services, or information services used by others in violation of this Section.

INDIANA

Ind. Code Ann. §§35-31.5-2-221.5, 35-42-4-4

A. Indecent display by a youth is a Class A misdemeanor. Indecent display by a youth applies only when the recipient or subject of the matter acquiesced in the person's conduct; and only to a person who:

1. Is less than 18;

2. Is not more than 4 years older than the depicted person or recipient of the image;

3. Was in an ongoing personal relationship (does not include a family relationship) with the individual who received the image or who is depicted in the image.

A person commits indecent display by a youth if the person, on or by means of a cellular telephone, social media web site, or another wireless or cellular communications device, knowingly or intentionally:

1. Creates a digitized image of any performance or incident that includes sexual conduct by a child at least 12;

2. Exhibits or offers to exhibit to another person matter that depicts or describes sexual conduct by a child at least 12; or

3. Possesses a picture, drawing, photograph, motion picture, digitized image, or any pictorial representation that depicts or describes sexual conduct by a child at least 12 who the person knows is less than 16 or who appears to be less than 16, and that lacks serious literary, artistic, political, or scientific value.

A. Child exploitation is a Level 5 felony.

A person commits child exploitation when he or she:

1. Knowingly or intentionally manages, produces, sponsors, presents, exhibits, photographs, films, videotapes, or creates a digitized image of any performance or incident that includes sexual conduct by a child under eighteen (18) years of age;

2. Knowingly or intentionally disseminates, exhibits to another person, offers to disseminate or exhibit to another person, or sends or brings into Indiana for dissemination or exhibition matter that depicts or describes sexual conduct by a child under eighteen (18) years of age;

3. Knowingly or intentionally makes available to another person a computer, knowing that the computer's fixed drive or peripheral device contains matter that depicts or describes sexual conduct by a child less than eighteen (18) years of age; or

4. With the intent to satisfy or arouse the sexual desires of any person:

a. knowingly or intentionally: (i) manages; (ii) produces; (iii) sponsors; (iv) presents; (v) exhibits; (vi) photographs; (vii) films; (viii) videotapes; or (ix) creates a digitized image of any performance or incident that includes the uncovered genitals of a child less than 18 or the exhibition of the female breast with less than a fully opaque covering of any part of the nipple by a child less than 18;

b. knowingly or intentionally: (i) disseminates to another person; (ii) exhibits to another person; (iii) offers to disseminate or exhibit to another person; or (iv) sends or brings into Indiana for dissemination or exhibition matter that depicts the uncovered genitals of a child less than 18 or the exhibition of the female breast with less than a fully opaque covering of any part of the nipple by a child less than 18; or

c. makes available to another person a computer, knowing that the computer's fixed drive or peripheral device contains matter that depicts the uncovered genitals of a child less than 18 or the exhibition of the female breast with less than a fully opaque covering of any part of the nipple by a child less than 18.

B. Child pornography is a Level 6 felony.

A person commits possession of child pornography if the person knowingly or intentionally possesses: a picture, drawing, photograph, negative image, undeveloped film, a motion picture, a videotape, a digitized image, or any pictorial representation that depicts or describes sexual conduct by a child who the person knows is less than eighteen (18) years of age or who appears to be less than eighteen (18) years of age, and that lacks serious literary, artistic, political, or scientific value.

“Sexual conduct” means sexual intercourse, other sexual conduct (an act involving a sex organ of one person and the mouth or anus of another person; or the penetration of the sex organ or anus of a person by an object), exhibition of the uncovered genitals intended to satisfy or arouse the sexual desires of any person, sadomasochistic abuse, sexual intercourse or other sexual conduct with an animal, or any fondling or touching of a child by another person or of another person by a child intended to arouse or satisfy the sexual desires of either the child or the other person.

Child exploitation and child pornography offenses do not apply to a bona fide school, museum, or public library that qualifies for certain tax exemptions, or to an employee of such a school, museum, or public library acting within the scope of the employee's employment when the possession of the listed materials is for legitimate scientific or educational purposes.

B. It is a defense to a prosecution for child exploitation and child pornography if all of the following apply:

1. A cellular telephone, another wireless or cellular communications device, or a social networking web site was used to possess, produce, or disseminate the image.

2. The defendant is not more than four (4) years older or younger than the person who is depicted in the image or who received the image.

3. The relationship between the defendant and the person who received the image or who is depicted in the image was a dating relationship or an ongoing personal relationship. For purposes of this subdivision, the term “ongoing personal relationship” does not include a family relationship.

4. The crime was committed by a person less than twenty-two (22) years of age.

5. The person receiving the image or who is depicted in the image acquiesced in the defendant's conduct.

C. It is a defense to a prosecution for child exploitation and child pornography that:

1. The person was less than 18 at the time the alleged offense was committed; and

2. The person is not more than 4 years older than the individual who is depicted in the image or who received the image; and

3. The relationship between the person and the individual who received the image or who is depicted in the image was a dating relationship or an ongoing personal relationship. For purposes of this subdivision, the term “ongoing personal relationship” does not include a family relationship.

4. The individual receiving the image or who is depicted in the image acquiesced in the person's conduct.

A. It is a defense to prosecution for child exploitation and child pornography that:

1. The person is a school employee; and

2. The acts constituting the elements of the offense were performed solely within the scope of the person's employment as a school employee.

IOWA

Iowa Code Ann. §§728.2, 728.7, 728.12

Anyone wo shares images of minors, including images they take of themselves, can be charged with serious crimes.

A. Dissemination and exhibition of obscene material to minors occurs when any person, other than the minor's parent or guardian, knowingly disseminates obscene material to a minor. This person is guilty of a public offense and shall upon conviction be guilty of a serious misdemeanor.

B. Sexual exploitation of a minor occurs when a person:

1. Causes or attempts to cause a minor to engage in a prohibited sexual act or in the simulation of a prohibited sexual act. A person must know or have reason to know or intend that the act may be photographed. A person who commits this violation commits a class “C” felony and may be assessed a fine of no more than $50,000 for each offense.

2. Knowingly promotes any material visually depicting a live performance of a minor engaging in a prohibited sexual act or in the simulation of a prohibited sexual act. A person who commits this violation commits a class “D” felony and may be assessed a fine of no more than $25,000 for each offense.

3. Knowingly purchases or possesses a visual depiction of a minor engaging in prohibited sexual act or the simulation of a prohibited sexual act. A person who commits this violation commits an aggravated misdemeanor for the first offense and a class “D” felony for subsequent offenses.

“Prohibited sexual act” means: a sex act; an act of bestiality involving a minor; fondling or touching the pubes or genitals of a minor; fondling or touching the pubes or genitals of a person by a minor; sadomasochistic abuse of a minor for the purpose of arousing or satisfying the sexual desires of a person viewing the depiction; or nudity of a minor for the purpose of arousing or satisfying the sexual desires of the person viewing the nude minor.

“Obscene material” is any material depicting or describing the genitals, sex acts, masturbation, excretory functions or sadomasochistic abuse which the average person taking the material as a whole and applying contemporary community standards with respect to what is suitable material for minors would find appeals to the prurient interest and is patently offensive and the material, taken as a whole, lacks serious literary, scientific political or artistic value.

The statute does not prohibit the use of appropriate material for educational purposes in any accredited school, or any public library, or in any educational program.

Sexual exploitation of a minor does not apply to law enforcement officers, court personnel, licensed physicians, licensed psychologists, or attorneys in the performance of their official duties.

It is an affirmative defense in any prosecution for disseminating obscene materials to minors that the defendant had a reasonable cause to believe that the minor involved was 18 or more and the minor exhibited to the defendant a draft card, driver's license, birth certificate or other official or apparently official document purporting to establish that such minor was 18 years old or more or was accompanied by a parent or spouse 18 years old or more.

KANSAS

Kan. Stat. Ann. §§21-5510, 21-6401

Teenagers who sext in Kansas can be charged with serious crimes.

A. Sexual exploitation of a child is either a “level 5 person felony” or an “off-grid person felony.” Sexual exploitation of a child is:

1. Inducing a child under 18, or a person whom the offender believes to be a child under 18, to engage in sexually explicit conduct with the intent to promote any performance.

2. Possessing any visual depiction of a child under 18 shown or heard engaging in sexually explicit conduct with intent to arouse or satisfy the sexual desires or appeal to the prurient interest of the offender or any other person.

“Visual depiction” means any photograph, film, video picture, digital or computer-generated image or picture, whether made or produced by electronic, mechanical or other means.

3. Being a parent, guardian or other person having control of a child under 18 and knowingly permitting such child to engage in, or assist another to engage in, sexually explicit conduct.

4. Promoting any performance that includes sexually explicit conduct by a child under 18 or a person whom the offender believes to be a child under 18, knowing the character and content of the performance.

B. Promoting obscenity to minors is a Class A “nonperson misdemeanor,” except that it is a Level 9 prison felony upon a subsequent offense. A person promotes obscenity to minors where the recipient of obscene material or obscene device or a member of the audience of an obscene performance is a child under 18.

“Nude” means any state of undress in which the human genitals, pubic region, buttock or female breast, at a point below the top of the areola, is less than completely and opaquely covered.

“Sexually explicit conduct” means actual or simulated: exhibition in the nude; sexual intercourse or sodomy; masturbation; sado-masochistic abuse with the intent of sexual stimulation; or lewd exhibition of the genitals, female breasts or pubic area of any person.

A. It shall be a defense to a prosecution for promoting obscenity to minors that

1. The persons to whom the obscene material was disseminated consisted of persons or institutions having scientific, educational or governmental justification for possessing or viewing the same;

2. Defendant is an officer, director, trustee or employee of a public library and the allegedly obscene material was acquired by such library and was disseminated in accordance with regular library policies approved by its governing body; or

3. Allegedly obscene material or obscene device was purchased, leased or otherwise acquired by a public, private or parochial school, college or university, and that such material or device was either sold, leased, distributed or disseminated by a teacher, instructor, professor or other faculty member or administrator of such school as part of or incidental to an approved course or program of instruction at such school.

B. It shall be an affirmative defense to any prosecution for promoting obscenity to minors that:

1. The defendant had reasonable cause to believe that the minor involved was 18 years old or over, and such minor exhibited to the defendant a draft card, driver's license, birth certificate or other official or apparently official document purporting to establish that such minor was 18 years old or more; or

2. An exhibition in a state of nudity is for a bona fide scientific or medical purpose, or for an educational or cultural purpose for a bona fide school, museum or library.

KENTUCKY

Ky. Rev. Stat. Ann. §§531.335, 531.340, 531.310

Teen sexting is categorized as a child pornography crime.

A. Possession of matter portraying sexual performance by a minor is a Class D felony.

A person is guilty of this offense of he or she:

1. Knowingly possesses or controls any matter which visually depicts an actual sexual performance by a minor; or

2. Intentionally views any matter which visually depicts an actual sexual performance by a minor.

B. Distribution of matter portraying sexual performance by a minor is a Class D felony offense for a first offense and a Class C felony for subsequent offenses.

A person is guilty of this offense if he or she, when having knowledge of the content and character of the matter:

1. Sends or causes to be sent into Kentucky for sale or distribution;

2. Brings or causes to be brought into Kentucky for sale or distribution; or

3. In Kentucky, he or she: exhibits for profit or gain; or distributes; or offers to distribute; or has in his or her possession with intent to distribute (intent is a rebuttable presumption that arises when any person possesses more than 1 unit of any matter), exhibit for profit or gain or offer to distribute any matter portraying a sexual performance by a minor.

C. Distribution of obscene matters to a minor is a Class A misdemeanor offense, unless the defendant was previously convicted of obscene matters crime, in which case it is a Class D felony.

D. Use of a minor in a sexual performance is a Class B felony offense if the minor is less than 16 at the time of the offense, or a Class C felony offense if the minor is 16 or 17. If the minor is physically injured during the performance, it is a Class A felony regardless of the minor's age.

“Sexual conduct by a minor” means: acts of masturbation, homosexuality, lesbianism, bestiality, sexual intercourse, or deviant sexual intercourse, actual or simulated; physical contact with or willful or intentional exhibition of the genitals; flagellation or excretion for the purpose of sexual stimulation or gratification; or the exposure of the unclothed male or female genitals, pubic area or buttocks, or the female breast, in any resulting visual representation.

“Obscene” means the predominate appeal of the matter taken as a whole is to a prurient interest in sexual conduct involving minors.

Possession of matter portraying sexual performance by a minor shall not apply to: the accidental or inadvertent viewing of such matter; persons viewing the matter in the course of a law enforcement investigation or criminal or civil litigation involving the matter; viewing the matter by a minor or the minor's parents or guardians, or to school administrator investigations.

Sexual conduct by a minor shall not include exposure portrayed in a matter of a private family nature not intended for distribution outside the family.

The child pornography laws shall not apply to a provider of an interactive computer service, provider of a telecommunications service, or a cable operator.

LOUISIANA

La. Rev. Stat, Ann. §§14:81, 14:81.1.1

A. Sexting is prohibited.

1. No person under the age of seventeen years shall knowingly and voluntarily use a computer or telecommunication device to transmit an indecent visual depiction of himself to another person. The offender's disposition shall be governed exclusively by the provisions of Title VII of the Louisiana Children's Code.

2. No person under the age of seventeen years shall knowingly possess or transmit an indecent visual depiction that was transmitted by another under the age of seventeen years in violation of subsection (1).First offense: $100 to $250 fine and jail for 10 days, or both.

Second offense: $250 to $500 fine and jail for 10 to 30 days, or both.

Third or any subsequent offense: $500 to $750 fine and jail for 30 days or 6 months, or both.

A. Pornography involving juveniles: It shall be unlawful for a person to produce, promote, advertise, distribute, possess, or possess with intent to distribute pornography involving juveniles. It shall also be a violation for a parent, legal guardian, or custodian of a child to consent to the participation of the child in pornography involving juveniles.

1. Whoever intentionally possesses pornography involving juveniles shall be fined not more than $50,000 and shall be imprisoned at hard labor for 5 to 20 years. On a subsequent conviction, the offender shall be fined not more than $75,000 and imprisoned at hard labor for not more than 40 years.

2. Whoever distributes or possesses with intent to distribute pornography involving juveniles shall be fined not more than $50,000 and imprisoned at hard labor for 5 to 20 years. On a subsequent conviction, the offender shall be fined not more than $75,000 and imprisoned at hard labor for not more than 40 years.

3. Any parent, legal guardian, or custodian of a child who consents to the participation of the child in pornography involving juveniles shall be fined not more than $10,000 and imprisoned at hard labor for 5 to 20 years.

4. Engaging in the promotion, advertisement, or production of pornography involving juveniles shall be fined not more than $15,000 and imprisoned at hard labor for 10 to 20 years.

5. If the victim is under 13 and the offender is 17 or older the offender shall be punished by imprisonment at hard labor for not less than one-half the longest term nor more than twice the longest term of imprisonment provided.

6. If the victim is under 13 and the offender is 17 or older, the offender shall be punished by imprisonment at hard labor for 25 to 99 years. At least 25 years shall be served without benefit of parole, probation, or suspension of sentence.

7. Upon completion of the term of imprisonment, the sexual offender shall be monitored by the Department of Public Safety through the use of electronic monitoring equipment for life.

“Indecent visual depiction” means any photograph, videotape, film, or other reproduction of a person under the age of seventeen years engaging in sexually explicit conduct, and includes data stored on any computer, telecommunication device, or other electronic storage media which is capable of conversion into a visual image.

“Sexually explicit conduct” means masturbation or lewd exhibition of the genitals, pubic hair, anus, vulva, or female breast nipples of a person under the age of seventeen years.

“Pornography involving juveniles” is any photograph, videotape, film, or other reproduction, whether electronic or otherwise, of any sexual performance involving a child under the age of 17.

MAINE

Me. Rev. Stat. tit. 17, §2911; Me. Rev. Stat. tit. 17-A §§281 through 284

Teens who engage in sexting can be punished by the same laws that target adults, but teens are processed through the juvenile court system.

A. Possession of sexually explicit material is a crime. A first offender commits aa Class D crime; while a subsequent offender commits a Class C crime. If the victim is younger than 12, it is a class C crime; a person who has committed a similar offense in another jurisdiction commits a Class B crime.

A person commits this crime if that person:

1. intentionally or knowingly accesses with intent to view any visual image or material that the person knows or should know depicts another person engaging in sexually explicit conduct and the other person has not in fact attained the age of 16 or the person knows or has reason to know that the other person has not attained the age of 16;

2. Intentionally or knowingly accesses with intent to view any visual image or material that the person knows or should know depicts another person engaging in sexually explicit conduct and the other person has not in fact attained 12 years of age, or the person knows or has reason to know that the other person has not attained 12 years of age.

B. Dissemination of obscene matters to minors is a Class C crime. A person is guilty of this crime if the person knowingly distributes, or exhibits or offers to distribute or exhibit to any minor, any obscene matter declared obscene, in an action to which he was a party.

C. Dissemination of sexually explicit material is a crime. A person is guilty of this crime if the person:

1. Intentionally or knowingly disseminates or possesses with intent to disseminate any visual image or material that depicts any minor who the person knows or has reason to know is a minor engaging in sexually explicit conduct. This is a Class C crime; however, if someone has previously been convicted of a similar crime or has engaged in substantially similar conduct in another jurisdiction, the crime is a Class B offense.

2. Intentionally or knowingly disseminates or possesses with intent to disseminate any visual image or material that depicts any minor who is less than 12 who the person knows or has reason to know is a minor less than 12. This is a Class B crime; however, if the defendant has previously committed a similar crime in another jurisdiction, it's a Class A crime.

“Sexually explicit conduct” means any of the following acts: a sexual act; bestiality; masturbation; sadomasochistic abuse for the purpose of sexual stimulation; lewd exhibition of the genitals, anus or pubic area of a person; conduct that creates the appearance of the above acts and also exhibits any uncovered or covered portions of the genitals, anus or pubic area.

“Obscene matter” means any printed or written material, any picture, photograph, motion picture or other visual representation, which:

A. To the average individual, applying contemporary community standards, with respect to what is suitable material for minors, considered as a whole, appeals to the prurient interest

B. Depicts or describes, in a patently offensive manner, ultimate sexual acts, excretory functions, masturbation or lewd exhibition of the genitals; and

C. Considered as a whole it lacks serious literary, artistic, political or scientific value.

Dissemination of obscene matters to minors does not apply to any noncommercial distribution or exhibition for purely educational purposes by any library, art gallery, museum, public school, private school or institution of learning, nor to any commercial distribution or exhibition by any art gallery or museum.

It is a valid defense to the crime of dissemination of obscene matters to minors that the defendant was a parent or guardian of the minor; the distribution is exempt; or for motion pictures, the minor was accompanied by his spouse, parent or legal guardian.

MARYLAND

Md. Code Ann., Crim. Law §§11-101, 11-203, 11-207, 11-208

MD CRIM PROC §§11-701 through 11-704

Teens who engage in sexting can be prosecuted and punished for child pornography and related crimes.

People who are convicted of child pornography or possession of sexually explicit material featuring children under 18 are required to register as sex offenders.

A. Possession of sexually explicit material is a misdemeanor for a first offense and a person is subject to imprisonment not exceeding 5 years and a fine not exceeding $2,500 or both. A person who violates this section having previously been convicted under this section is guilty of a felony and is subject to imprisonment not exceeding 10 years or a fine not exceeding $10,000 or both.

A person may not knowingly possess and intentionally retain a film, videotape, photograph, or other visual representation showing an actual child under age 16: engaged as a subject of sadomasochistic abuse; engaged in sexual conduct; or in a state of sexual excitement.

B. Sharing obscene material with a minor is a crime and a person convicted is guilty of a misdemeanor and is subject to imprisonment not exceeding 1 year or a fine not exceeding $1,000 or both; and for each subsequent violation, imprisonment not exceeding 3 years or a fine not exceeding $5,000 or both.

A person may not willingly or knowingly display, exhibit, sell, or show to a minor an item: the cover or content of which is principally made up of an obscene description or the depiction of illicit sex; or that consists of an obscene picture of a nude or partially nude figure.

C. Child pornography is a felony and on conviction a person is subject to imprisonment not exceeding 10 years or a fine not exceeding $25,000 or both; and for each subsequent violation, imprisonment not exceeding 20 years or a fine not exceeding $50,000 or both.

A person may not:

1. cause a minor to engage as a subject in the production of obscene matter or a visual representation or performance that depicts a minor engaged as a subject in sadomasochistic abuse or sexual conduct;

2. photograph or film a minor engaging in an obscene act, sadomasochistic abuse, or sexual conduct;

3. use a computer to depict or describe a minor engaging in an obscene act, sadomasochistic abuse, or sexual conduct;

4. knowingly promote or possess with intent to distribute any matter that depicts a minor as a subject in sadomasochistic abuse or sexual conduct or in a manner that reflects the belief that the matter depicts a minor engaged as a subject of sadomasochistic abuse or sexual conduct; or

5. Use a computer to knowingly disseminate any notice, minor's name, telephone number, and other descriptive or identifying information for the purpose of engaging in unlawful sadomasochistic abuse or sexual conduct of or with a minor.

“Sexual conduct” means: human masturbation; sexual intercourse; or whether alone or with another individual or animal, any touching of or contact with the genitals, buttocks or pubic areas of an individual; or the breasts of a female individual.

“Partially nude figure” means a figure with less than completely and opaquely covered human genitals, pubic region, buttocks, or female breast below a point immediately above the top of the areola or human male genitals in a discernibly turgid state, even if completely and opaquely covered.

A person having bona fide scientific, educational, governmental, artistic, news, or other similar justification for possessing or distributing prohibited matter is not subject to the prohibitions and penalties described. A distribution made in accordance with a bona fide scientific, educational, governmental, artistic, news, or other similar justification is not subject to the prohibitions and penalties described. A justification is not bona fide if a reasonable person would find that a dominant purpose of the depiction of an individual under the age of 16 engaging in sexual conduct is to arouse or gratify sexual desire in either the violator, the individual under 16, or the viewer.

It shall be an affirmative defense to a charge of possession of visual representation of child under 16 engaged in certain sexual acts that the person promptly and in good faith: took reasonable steps to destroy each visual representation; or reported the matter to a law enforcement agency.

MASSACHUSETTS

Mass. Gen. Laws Ann. ch. 272, §§29A through 29C

The act of sexting, when the images are of children under 18, is usually prosecuted under child pornography laws.

A. Whoever, with knowledge or reason to know that a person is a child under 18, with lascivious intent, causes such child to pose or be exhibited in a state of nudity, for the purpose of representation or reproduction in any visual material, shall be punished by imprisonment in the state prison for a term of 10 to 20 years, or by a fine of $10,000 to $50,000, or by both.

B. Whoever, with knowledge or reason to know that a person is a child under 18, causes such child to participate or engage in any act that depicts sexual conduct for the purpose of representation or reproduction in any visual material shall be punished by imprisonment in the state prison for 10 to 20 years, by a fine of $10,000 to $50,000, or by both.

C. Whoever, with lascivious intent, disseminates any visual material that contains a representation of any posture in a state of nudity involving the use of a child who is under 18, knowing the contents of the visual material; or possesses such visual material knowing the contents thereof with intent to disseminate the same shall be punished in the state prison for 10 to 20 years, by a fine of $10,000 to $50,000, or by both.

“Nudity” means uncovered or less than opaquely covered human genitals, pubic areas, the human female breast below a point immediately above the top of the areola, or the covered male genitals in a discernibly turgid state. A female breast is uncovered if the nipple or areola only are covered.

“Sexual conduct” means human masturbation, sexual intercourse, actual or simulated, normal or perverted, any lewd exhibitions of the genitals, flagellation or torture in the context of a sexual relationship, any lewd touching of the genitals, pubic areas, or buttocks of the human male or female, or the breasts of the female, whether alone or between members of the same or opposite sex or between humans and animals, and any depiction or representation of excretory functions in the context of a sexual relationship. Sexual intercourse is simulated when it depicts explicit sexual intercourse which gives the appearance of the consummation of sexual intercourse, normal or perverted.

“Harmful to minors” means matter is obscene or, if taken as a whole:

A. Describes or represents nudity, sexual conduct or sexual excitement, so as to appeal predominantly to the prurient interest of minors;

B. Is patently contrary to prevailing standards of adults in the county were the offense was committed as to suitable material for such minors and

C. Lacks serious literary, artistic, political or scientific value for minors.

The purchase and possession of child pornography is not prohibited for a law enforcement officer, licensed physician, licensed psychologist, attorney or officer of the court who is in possession of such materials in the lawful performance of his official duty.

The purchase and possession of child pornography is not prohibited for an employee of a bona fide enterprise, the purpose of which is to filter or otherwise restrict access to such materials, who possesses examples of computer depictions of such material for the purposes of furthering the legitimate goals of such enterprise.

Proof that dissemination of any visual material that contains a representation or reproduction of sexual conduct or of any posture or exhibition in a state of nudity involving the use of a child who is under 18 was for a bona fide scientific, medical, or educational purpose for a bona fide school, museum, or library may be considered as evidence of a lack of lascivious intent.

MICHIGAN

Mich. Comp. Laws Ann. §750.145c

Teenagers who engage in sexting can be prosecuted under child pornography laws.

A person who allows a child to engage in a child sexually abusive activity for the purpose of producing any child sexually abusive material, or a person who arranges for any child sexually abusive activity or child sexually abusive material is guilty of a felony, punishable by imprisonment for not more than 20 years or a fine of not more than $100,000, or both, if that person knows that the child is a child or that the material includes a child or that the depiction appears to include a child, or that person has not taken reasonable precautions to determine the age of the child.

A person who distributes or promotes any child sexually abusive material or child sexually abusive activity is guilty of a felony, punishable by imprisonment for not more than 7 years, or a fine of not more than $50,000, or both, if that person knows that the child is a child or that the material includes a child or that the depiction appears to include a child, or that person has not taken reasonable precautions to determine the age of the child.

A person who knowingly possesses, or seeks and accesses any child sexually abusive material is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $10,000 or both if that person knows the child is a child or the material includes a child or the depiction appears to include a child, or that person has not taken reasonable precautions to determine the age of the child.

“Erotic nudity” means the lascivious exhibition of the genital, pubic, or rectal area of any person. Lascivious means wanton, lewd, and lustful and tending to produce voluptuous or lewd emotions.

“Listed sexual act” means sexual intercourse, erotic fondling, sadomasochistic abuse, masturbation, passive sexual involvement, sexual excitement, or erotic nudity.

“Child sexually abusive material” means any depiction, whether made or produced by electronic, mechanical, or other means, including a developed or undeveloped photograph which is of a child or appears to include a child engaging in a listed sexual act; a book, magazine, computer, or other print or printable medium containing such a photograph; or any reproduction, copy or print of such a photograph.

The child pornography laws do not apply to:

A. A person described in section 7 of1984 PA 343, MCL 752.367, a commercial film or photographic print processor acting under subsection (8), or a computer technician acting under subsection (9).

B. A police officer acting within the scope of his or her duties as a police officer.

C. An employee or contract agent of the department of social services acting within the scope of his or her duties as an employee or contract agent.

D. A judicial officer or judicial employee acting within the scope of his or her duties as a judicial officer or judicial employee.

E. A party or witness in a criminal or civil proceeding acting within the scope of that criminal or civil proceeding.

F. A physician, psychologist, limited license psychologist, professional counselor, or registered nurse licensed under the public health code,1978 PA 368,MCL 333.1101to 333.25211, acting within the scope of practice for which he or she is licensed.

G. A social worker registered in this state under article 15 of the public health code,1978 PA 368,MCL 333.16101to 333.18838, acting within the scope of practice for which he or she is registered.

It is an affirmative defense to a prosecution under the child pornography laws that the alleged child is a person who is emancipated by operation of law as proven by a preponderance of the evidence.

MINNESOTA

Minn. Stat. §§617.246, 617.247

Teens who engage in sexting can be prosecuted and punished for serious crimes.

It is unlawful for a person to promote, employ, use or permit a minor to engage in or assist others to engage minors in posing or modeling alone or with others in any sexual performance or pornographic work if the person knows or has reason to know that the conduct intended is a sexual performance or a pornographic work. Any person who violates this subdivision is guilty of a felony and may be sentenced to imprisonment for not more than 10 years or to payment of a fine of not more than $20,000 for the first offense and $40,000 for the second or subsequent offense, or both.

A person who, knowing or with reason to know its content and character, disseminates for profit to an adult or minor a pornographic work, is guilty of a felony and may be sentenced to imprisonment for not more than 10 years, or payment of a fine of not more than $20,000 for the first offense and $40,000 for a second or subsequent offense.

A person who disseminates pornographic work to an adult or minor, knowing or with reason to know its content and character, is guilty of a felony and may be sentenced to imprisonment for not more than 7 years and a fine of not more than $10,000 for a first offense and for not more than 15 years and a fine of not more than $20,000 for a second or subsequent offense. If a person is a registered predatory offender, the person may be sentenced to imprisonment for not more than 15 years.

A person who possesses a pornographic work or a computer disk or computer or other storage system of any type, containing a pornographic work, knowing or with reason to know its content and character, is guilty of a felony and may be sentenced to imprisonment for not more than 5 years and a fine of not more than $5,000 for a first offense and for not more than 10 years and a fine of not more than $10,000 for a second or subsequent offense. If a person is a registered predatory offender, the person may be sentenced to imprisonment for not more than 10 years.

“Sexual conduct” means: 1. an act of sexual intercourse, normal or perverted, including genital-genital, anal-genital, or oral-genital intercourse, whether between human beings or between a human being and an animal; 2. sadomasochistic abuse, meaning flagellation, torture, or similar demeaning acts inflicted by or upon a person who is nude or clad in undergarments or in a revealing costume, or the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed; 3. masturbation; 4. lewd exhibitions of the genitals; or 5. physical contact with the clothed or unclothed pubic areas or buttocks of a human male or female, or the breasts of the female, whether alone or between members of the same or opposite sex or between humans and animals in an act of apparent sexual stimulation or gratification.

“Sexual performance” means any play, dance or other exhibition presented before an audience or for purposes of visual or mechanical reproduction that uses a minor to depict actual or simulated sexual conduct.

“Pornographic work” means (1) an original or a reproduction of a picture, photograph, or computer-generated image, whether made or produced by electronic, mechanical, or other means that uses a minor to depict actual or simulated sexual conduct; has been created, adapted, or modified to appear that an identifiable minor is engaging in sexual conduct; or is advertised, promoted, presented, described, or distributed in such a manner that conveys the impression that the material is or contains a visual depiction of a minor engaging in sexual conduct.

This section does not apply to the performance of official duties by peace officer, court personnel, or attorneys, nor to licensed physicians, psychologists, or social workers or persons acting at the direction of a licensed physician, psychologist, or social worker in the course of a bona fide treatment or professional education program.

It shall be an affirmative defense to a charge of violating this section that the sexual performance or pornographic work was produced using only persons who were 18 or older.

MISSISSIPPI

Miss. Code Ann. §§97-5-31, 97-5-33

No definition of sexting. Sexting can be prosecuted as child pornography or as distributing obscene material.

No person shall, by any means including computer:

1. Cause, solicit or knowingly permit any child to engage in sexually explicit conduct or in the simulation of sexually explicit conduct for the purpose of producing any visual depiction of such conduct.

2. Photograph, film, video tape or otherwise depict or record a child engaging in sexually explicit conduct or in the simulation of sexually explicit conduct.

3. Knowingly send or receive any photograph, drawing, sketch, or other visual depiction of an actual child engaging in sexually explicit conduct.

4. Receive with intent to distribute, distribute for sale, or attempt to sell any photograph or other visual depiction of an actual child engaging in sexually explicit conduct.

5. Knowingly induce a child to meet with the defendant or any other person for the purpose of engaging in sexually explicit conduct.

6. Knowingly entice a child to produce any visual depiction of adult sexual conduct or any sexually explicit conduct.

Any person commits this crime shall be guilty of a felony; upon conviction, the person shall be fined $50,000 to $500,000 and shall be imprisoned for 5 to 40 years. Any person convicted of a second or subsequent violation shall be fined $100,000 to $1,000,000 and shall be confined for 20 years to life.

“Sexually explicit conduct” means actual or simulated oral genital contact, oral anal contact, or sexual intercourse, whether between persons of the same or opposite sex; bestiality; masturbation; sadistic or masochistic abuse; lascivious exhibition of the genitals or pubic area of any person; or fondling or other erotic touching of the genitals, pubic area, buttocks, anus or breast.

MISSOURI

§§566.083, 573.010 through 573.037 R.S.Mo.

Teenagers involved in sexting may be prosecuted under laws regarding sex crimes.

1. Child pornography

A person commits the crime of sexual exploitation of a minor, a class B felony unless the minor is a child, in which case it is a class A felony, if such person knowingly or recklessly photographs, films, videotapes, produces or otherwise creates obscene material with a minor or child pornography.

A person commits the crime of promoting child pornography in the first degree, a class B felony unless the person knowingly promotes such material to a minor, in which case it is a class A felony, if such person possesses with the intent to promote child pornography of a child less than 14 or obscene material portraying what appears to be a child less than 14.

A person commits the crime of promoting child pornography in the second degree, a class C felony unless the person knowingly promotes such material to a minor, in which case it is a class B felony. If such person possesses with intent to promote child pornography of a minor under 18 or obscene material portraying what appears to be a minor under 18.

A person commits the offense of possession of child pornography, a class C felony if the person possesses one still image of child pornography or one obscene still image, if such person knowingly or recklessly possesses any child pornography of a minor less than 18 or obscene material portraying what appears to be a minor less than 18. The offense is a class B felony if the person has previously pleaded guilty to or been found guilty of an offense under this section and the person possesses:

a. more than 20 still images of child pornography; or

b. More than 20 obscene still images; or

c. Child pornography comprised of one motion picture, film, videotape, videotape production, or other moving image; or

d. Obscene material comprised of one motion picture, film, videotape production, or other moving image.

2. Sexual misconduct is a Class D felony; but if the actor has previously pleaded or been found guilty of an offense pursuant to this chapter it is a Class C felony. A person commits the crime of sexual misconduct involving a child if such person, whether in person or via the internet:

a. Knowingly exposes his or her genitals to a child less than 15 under circumstances in which he or she knows that his or her conduct is likely to cause affront or alarm to the child;

b. Knowingly exposes his or her genitals to a child less than 15 for the purpose of arousing or gratifying the sexual desire of any person;

c. Knowingly coerces or induces a child less than 15 to expose the child's genitals for the purpose of arousing or gratifying the sexual desire of any person;

d. Knowingly coerces or induces a child who is known to be less than 15 to expose the breasts of a female child through the internet or other electronic means for the purpose of arousing or gratifying the sexual desire of any person.

3. Furnishing pornography to minors is a class A misdemeanor unless the person has pleaded guilty to or has been found guilty of an offense committed at a different time pursuant to this chapter, chapter 566, or chapter 568, in which case it is a class D felony.

A person commits the crime of furnishing pornographic material to minors if he or she:

a. Furnishes any material pornographic for minors, knowing that the person to whom it is furnished is a minor or acting in reckless disregard of the likelihood that such person is a minor; or

b. Produces, presents, directs or participates in any performance pornographic for minors that is furnished to a minor knowing that any person viewing such performance is a minor or acting in reckless disregard of the likelihood that a minor is viewing the performance; or

c. Furnishes, produces, presents, directs, participates in any performance or otherwise makes available material that is pornographic for minors via computer, electronic transfer, internet, or computer network if the person made the matter available to a specific individual known by the defendant to be a minor.

“Nudity” means the showing of post pubertal human genitals or pubic area, with less than a fully opaque covering

“Sexual conduct” means actual or simulated, normal or perverted acts of human masturbation; deviate sexual intercourse; sexual intercourse; or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks, or the breast of a female in an act of apparent sexual stimulation or gratification or any sadomasochistic abuse or acts including animals or any latent objects in an act of apparent sexual stimulation or gratification.

“Pornographic for minors” means any material or performance is pornographic for minors if the following apply:

(a) The average person, applying contemporary community standards, would find that the material or performance, taken as a whole, has a tendency to cater or appeal to a prurient interest of minors; and

(b) The material or performance depicts or describes nudity, sexual conduct, sexual excitement, or sadomasochistic abuse in a way which is patently offensive to the average person applying contemporary adult community standards with respect to what is suitable for minors; and

(c) The material or performance, taken as a whole, lacks serious literary, artistic, political, or scientific value for minors.

MONTANA

Mont. Code Ann. §45-5-625

When sexting involves photos or videos of people under 18, it can be prosecuted under child pornography laws.

Sexual Abuse of a Child: A person commits this offense if the person knowingly photographs, films, videotapes, develops or duplicates the photographs, films, videotapes or records of a child engaging in sexual conduct, actual or simulated; knowingly persuades a child under 16 or a child believed to be under 16 to engage in sexual conduct, actual or simulated; knowingly possesses any visual or print medium, including a medium by use of electronic communication in which a child is engaged in sexual conduct, actual or simulated.

A person convicted of the offense of sexual abuse of children shall be punished by life imprisonment or imprisonment in the state prison for a term not to exceed 100 years and may not be fined more than $10,000.

If the victim is under 16, a person convicted of the offense shall be punished by life imprisonment or by imprisonment in the state prison for 4 to 100 years and may not be fined more than $10,000.

A person convicted of the offense for the possession of material shall be fined not to exceed $10,000 or be imprisoned in the state prison for a term not to exceed 10 years.

If the victim was under 12 and the offender was 18 or older at the time of the offense, the offender shall be punished by imprisonment in state prison for 100 years; may be fined an amount not to exceed $50,000; shall be ordered to enroll in and successfully complete the educational phase and the cognitive and behavioral phase of a sexual offender treatment program provided or approved by the department of corrections.

Sexual Conduct means:

1. Actual or simulated:

A. Sexual intercourse, whether between persons of the same or opposite sex;

B. Penetration of the vagina or rectum by any object, except when done as part of a recognized medical procedure;

C. Bestiality;

D. Masturbation;

E. Sadomasochistic abuse;

F. Lewd exhibition of the genitals, breasts, pubic or rectal area, or other intimate parts of any person; or

G. Defecation or urination for the purpose of the sexual stimulation of the viewer; or

2. Depiction of a child in the nude or in a state of partial undress with the purpose to abuse, humiliate, harass, or degrade the child or to arouse or gratify the person's own sexual response or desire or the sexual response or desire of any person.

An offense is not committed if the visual or print medium is processed, developed, printed, published, transported, distributed, sold, possessed, or possessed with intent to sell, or financed as part of a sexual offender information or treatment course or program conducted or approved by the department of corrections.

NEBRASKA

Neb.Rev.St. §28-813.01, 28-1463.02, 28-1463.03

No definition of sexting.

Possession of depiction of sexually explicit content is considered pornography.

A defense is available to teenagers who engage in sexting that is not available to adults.

A. It shall be unlawful for a person to knowingly possess any visual depiction of sexually explicit conduct which has a child as one of its participants or portrayed observers.

B. It shall be unlawful for a person to:

1. Knowingly make, publish, direct, create, provide, or in any manner generate any visual depiction of sexually explicit conduct which has a child as one of its participants or portrayed observers.

2. Knowingly purchase, rent, sell, deliver, distribute, display for sale, advertise, trade, or provide to any person any visual depiction of sexually explicit conduct which has a child as one of its participants or portrayed observers.

3. It shall be unlawful for a person to knowingly employ, force, authorize, induce, or otherwise cause a child to engage in any visual depiction of sexually explicit conduct which has a child as one of its participants or portrayed observers.

4. It shall be unlawful for a parent, stepparent, legal guardian, or any person with custody and control of a child, knowing the content thereof, to consent to such child engaging in any visual depiction of sexually explicit conduct which has a child as one of its participants or portrayed observers.

Sexually explicit conduct means: (a) real or simulated intercourse, whether genital-genital, oral-genital, anal-genital, or oral-anal between persons of the same or opposite sex or between a human and an animal or with an artificial genital; (b) real or simulated masturbation; (c) real or simulated sadomasochistic abuse; (d) erotic fondling; (e) erotic nudity; or (f) real or simulated defecation or urination for the purpose of sexual gratification or sexual stimulation of one or more of the persons involved,

“Erotic Nudity” means the display of the human male or female genitals or pubic area, the human female breasts, or the developing breast area of the human female child, for the purpose of real or simulated overt sexual gratification or sexual stimulation of one or more of the persons involved.

It shall be an affirmative defense that:

A. The visual depiction portrays no person other than the defendant; or

B.1. the defendant was less than 19; 2. The visual depiction of sexually explicit conduct portrays a child who is 15 or older; 3. The visual depiction was knowingly and voluntarily provided by the child depicted; 4. The visual depiction contains only one child; 5. The defendant has not provided or made available to visual depiction to another person except the child depicted who originally sent the visual depiction to the defendant; and 6. The defendant did not coerce the child in the visual depiction to either create or send the visual depiction.

NEVADA

NRS §§62B.320, 62B.330, 179D.010 to 179D.550, 200.700 to 200.760, 201.265, 388.121 to 388.139

A minor shall not knowingly and willfully use an electronic communication device to transmit or distribute a sexual image of himself or herself to another person. For the first violation, the minor: is a child in need of supervision; is not a delinquent child; is not a sex offender or juvenile sex offender; is not subject to registration or community notification as a juvenile sex offender or as a sex offender. A minor who performs a second or subsequent violation: commits a delinquent act, and the court may order the detention of the minor as if the minor had committed an act that would have been a misdemeanor if an adult; is not a sex offender or juvenile sex offender.

A minor shall not knowingly and willfully use an electronic communication device to transmit or distribute a sexual image of another minor who is older than, the same age as or not more than 4 years younger than the minor transmitting the sexual image. A minor who violates this subsection commits a delinquent and act is not considered a sex offender or juvenile sex offender.

A minor shall not knowingly and willfully possess a sexual image that was transmitted or distributed if the minor who is the subject of the sexual image is older than, the same age as or not more than 4 years younger than the minor who possesses the sexual image. A minor who violates this subsection is a child in need of supervision; is not a delinquent child; is not considered a sex offender or juvenile sex offender; and is not subject to registration or community notification as a juvenile sex offender or as a sex offender.

The juvenile court has exclusive original jurisdiction in proceedings concerning any child who is alleged or adjudicated to be in need of supervision because the child uses an electronic communication device to transmit or distribute a sexual image of himself or herself to another person or to possess a sexual image in violation of NRS 200.737. The juvenile court has exclusive original jurisdiction over a child who commits a delinquent act, which occurs if a child commits a criminal offense.

“Cyber-bullying,” or bullying through the use of electronic communication, includes the use of electronic communication to transmit or distribute a sexual image of a minor.

“Nudity” means the showing of the human female breast with less than a fully opaque covering of any portion of the areola and nipple; the showing of the human male or female genitals or pubic area with less than a fully opaque covering of any portion thereof; or the depiction of the human male genitals in a discernible turgid state, whether or not covered.

“Sexual conduct” means acts of masturbation, sexual penetration or physical contact with a person's unclothed genitals or pubic area.

“Sexual conduct” also means sexual intercourse, fellatio, cunnilingus, bestiality, anal intercourse, excretion, sado-masochistic abuse, masturbation, or the penetration of any object manipulated or inserted by a person into the genital or anal opening of the body of another.

“Sexual image” means any visual depiction, including, without limitation, any photograph or video of a minor stimulating or engaging in sexual conduct or of a minor as the subject of a sexual portrayal.

“Harmful to minors” means that quality of any description or representation, whether constituting all or a part of the material considered, in whatever form, of nudity, sexual conduct, sexual excitement or sado-masochistic abuse which predominately appeals to the prurient, shameful or morbid interest of minors, is patently offensive to prevailing standards in the adult community with respect to what is suitable material for minors, and is without serious literary, artistic, political, or scientific value.

Statutes regarding pornography involving minors do not apply to law enforcement personnel during the investigation or prosecution of a violation of the statutes.

It is an affirmative defense to a violation charged for use of electronic communication device by minor to possess transmit or distribute sexual images of minor if the minor in possession of a sexual image:

A. Did not knowingly purchase, procure, solicit or request the sexual image or take any other action to cause the sexual image to come into his or her possession; and

B. Promptly and in good faith, and without retaining or allowing any person other than a law enforcement agency or school official to access any sexual image 1. Took reasonable steps to destroy each image; or 2. Reported the matter to a law enforcement agency or a school official and gave access to each image.

NEW HAMPSHIRE

N.H. Rev. Stat. Ann. §649-A:2, 649-A:3, 649-A:3-a, 649-A:3-b

The sharing of nude or sexual images of children (under 18) is considered child pornography.

Child Pornography: No person shall knowingly buy, procure, possess, or control any visual representation of a child engaging in sexually explicit conduct; or bring or cause to be brought into New Hampshire any visual representation of a child engaging in sexually explicit conduct.

If a person has no prior offenses, this offense shall be a Class A felony, Upon conviction of this offense, if the person has been previously convicted of this offense or a reasonably equivalent offense, the defendant may be sentenced to a maximum sentence not to exceed 20 years and a minimum sentence not to exceed ½ of the maximum sentence.

B. Distribution of child sexual abuse images:

1. No person shall knowingly sell or otherwise transfer or possess with intent to sell or otherwise transfer any visual representation of a child engaging in or being engaged in sexually explicit conduct.

2. No person shall knowingly publish, exhibit or otherwise make available any visual representation of a child engaging in or being engaged in sexually explicit conduct.

If such person has no previous convictions in this state or another state for the conduct prohibited, and is convicted with having less than 3 images or visual representations, the defendant will be guilty of a class B felony.

If such person has had no previous convictions in this state or another state for the conduct prohibited, the defendant may be sentenced to a maximum sentence not to exceed 20 years and a minimum sentence not to exceed ½ of the maximum. Upon conviction of an offense under this section based on an indictment alleging that the person has been previously convicted of an offense under this section or a reasonably equivalent offense in an out-of-state jurisdiction, the defendant may be sentenced to a maximum sentence not to exceed 30 years and a minimum sentence not to exceed ½ of the minimum.

C. Manufacture of child sexual abuse images: No person shall knowingly create a visual representation of a child engaging in or being engaged in sexually explicit conduct, or participate in that portion of such visual representation that consists of a child engaging in or being engaged in sexually explicit conduct.

If such person has had no previous convictions in this state or another state for the conduct prohibited in this section, the defendant may be sentenced to a maximum sentence not to exceed 30 years and a minimum sentence not to exceed ½ of the maximum. Upon conviction of an offense under this section based on an indictment alleging that the person has been previously convicted of an offense under this section or a reasonably equivalent offense in an out-of-state jurisdiction, a person may be sentenced to life imprisonment or for such term as the court may order.

“Sexually explicit conduct” means human masturbation, the touching of the actor's or other person's sexual organs in the context of a sexual relationship, sexual intercourse actual or simulated, normal or perverted, whether alone or between members of the same or opposite sex or between humans and animals, or any lewd exhibitions of the buttocks, genitals, flagellation, bondage, or torture. Sexual intercourse is simulated when it depicts explicit sexual intercourse that gives the appearance of the consummation of sexual intercourse, normal or perverted.

The statutes shall not be construed to limit any law enforcement agency from possessing or displaying or otherwise make available any images as may be necessary to the performance of a valid law enforcement function.

It shall be an affirmative defense to the offense of possession of child sexual abuse images that the defendant;

A. Possessed less than 3 images of any visual depiction proscribed; and

B. Promptly and in good faith, without retaining or allowing any person, other than a law enforcement agency, to access any visual depiction or copy thereof: 1. Took reasonable steps to destroy each such depiction; or 2. Reported the matter to a law enforcement agency and afforded that agency access to each depiction.

NEW JERSEY

N.J. Stat. Ann. §§2A:4A-70, 2A:4A-71.1, 2C:24-4

Has a diversionary program for juveniles who commit an “eligible offense.”

An “eligible offense” means one in which:
A. the facts of the case involve the creation, exhibition or distribution of a photograph depicting nudity through the use of an electronic communication device, and interactive wireless communications device, or a computer; and B. the creator and subject of the photograph are juveniles or were at the time of its making.

A. A person commits a crime in the first degree if he or she causes or permits a child to engage in a prohibited sexual act or in the simulation of such an act if the person knows, has reason to know or intends that the prohibited act may be photographed, filmed, reproduced, or reconstructed in any manner, including on the Internet, or may be part of an exhibition or performance.

B. A person commits a crime of the second degree if he or she photographs or films a child in a prohibited sexual act or in the simulation of such an act or who uses any device, including a computer, to reproduce or reconstruct the image of a child in a prohibited sexual act or in the simulation of such an act.

C. A person commits a crime of the second degree if he or she: 1. knowingly distributes an item depicting the sexual exploitation or abuse of a child; 2. knowingly possesses an item depicting the sexual exploitation or abuse of a child with the intent to distribute that item; or 3. knowingly stores or maintains an item depicting the sexual exploitation or abuse of a child using a file-sharing program which is designated as available for searching by or copying to one or more other computers.

D. A person commits a crime of the third degree if he knowingly possesses, knowingly views, or knowingly has under his control, through any means, including the Internet, an item depicting the sexual exploitation or abuse of a child.

“Nudity” is a “prohibited sexual act” if depicted for the purpose of sexual stimulation or gratification of any person who may view such depiction.

“Prohibited sexual act” means: A. Sexual intercourse; or B. Anal intercourse; or C. Masturbation; or D. Bestiality; or E. Sadism; or F. Masochism; or G. Fellatio; or H. Cunnilingus; or I. Nudity, if depicted for the purpose of sexual stimulation or gratification of any person who may view such depiction; or J. Any act of sexual penetration or sexual contact as defined in N.J.S.2C:14-1.

“Item depicting the sexual exploitation or abuse of a child” means a photograph, film, video, an electronic, electromagnetic or digital recording, an image stored or maintained in a computer program or file or in a portion of a file, or any other reproduction or reconstruction which depicts a child engaging in a prohibited sexual act or in the simulation of such an act.

NEW MEXICO

N.M. Stat. §§30-6A-2, 30-6A-3

Teen sexting can be prosecuted as child pornography.

A. A person may not intentionally possess any obscene visual or print medium depicting any prohibited sexual act or simulation of such an act if that person knows or has reason to know that the obscene medium depicts any prohibited sexual act or simulation of such act and if that person knows or has reason to know that one or more of the participants in that act is a child under 18. A person who violates the provisions of this subsection is guilty of a fourth degree felony.

B. A person shall not intentionally distribute any obscene visual or print medium depicting any prohibited sexual act or simulation of such an act if that person knows or has reason to know that the obscene medium depicts any prohibited sexual act or simulation of such act and if that person knows or has reason to know that one or more of the participants in that act is a child under eighteen years of age. A person who violates the provisions of this subsection is guilty of a third degree felony.

C. A person shall not intentionally cause or permit a child under 18 to engage in any prohibited sexual act or simulation of such an act if that person knows, has reason to know or intends that the act may be recorded in any obscene visual or print medium or performed publicly. A person who violates the provisions of this subsection is guilty of a third degree felony, unless the child is under 13, in which event the person is guilty of a 2nd degree felony.

D. A person shall not intentionally manufacture any obscene visual or print medium depicting any prohibited sexual act or simulation of such an act if one or more of the participants in that act is a child under 18. A person who violates the provisions of this subsection is guilty of a 2nd degree felony.

E. A person shall not intentionally manufacture any obscene visual or print medium depicting any prohibited sexual act or simulation of such an act if that person knows or has reason to know that the obscene medium depicts a prohibited sexual act or simulation of such an act and if that person knows or has reason to know that a real child under 18, who is not a participant, is depicted as a participant in that act. A person who violates the provisions of this subsection is guilty of a fourth degree felony.

F. A person shall not intentionally distribute any obscene visual or print medium depicting any prohibited sexual act or simulation of such an act if that person knows or has reason to know that the obscene medium depicts a prohibited sexual act or simulation of such an act and if that person knows or has reason to know that a real child under 18, who is not a participant, is depicted as a participant in that act. A person who violates the provisions of this subsection is guilty of a 3rd degree felony.

“Prohibited sexual act” means:

A. sexual intercourse, including genital-genital, oral-genital, anal-genital or oral-anal, whether between persons of the same or opposite sex;

B. bestiality;

C. masturbation;

D. sadomasochistic abuse for the purpose of sexual stimulation; or

E. lewd and sexually explicit exhibition with a focus on the genitals or pubic area of any person for the purpose of sexual stimulation;

“Obscene” means any material, when the content if taken as a whole:

A. Appeals to a prurient interest in sex, as determined by the average person applying contemporary community standards;

B. Portrays a prohibited sexual act in a patently offensive way; and

C. Lacks serious literary, artistic, political or scientific value.

NEW YORK

N.Y. Penal Law §§60.37, 235, 263, 263.05, 263.10, 263.11, 263.15, 263.16

N.Y. Soc. Serv. Law §458-1

“Eligible offense” means a crime or offense committed by an eligible person that involved cyberbullying or the seconding or receipt of obscenity or nudity, when the sender and the receiver thereof were both under the age of 20 at the time of such communication, but not more than 5 years apart in age.

When a person has been charged with an offense and the elements of such offense meet the criteria of an “eligible offense” and such person qualifies as an “eligible person,” the court may, as a condition or probation or a conditional discharge, direct that the defendant participate in an education reform program.

A. Use of child in a sexual performance is committed by a person who, if knowing the character and content thereof he or she induces a child (under 17) to engage in a sexual performance; or being a parent, legal guardian, or custodian of such child, he consents to the child's participation in a sexual performance. It is a class C felony.

B. Promoting an obscene sexual performance by a child is committed by a person when, knowing the character and content thereof, he or she produces or promotes any obscene performance which includes sexual conduct by a child (under 17). It is a class D felony.

C. Possessing an obscene sexual performance by a child is committed by a person when, knowing the character and content thereof, he knowingly has in his possession or control, or knowingly accesses with intent to view, any obscene performance which includes sexual conduct by a child less than 16. It is a class E felony.

D. Promoting a sexual performance by a child is committed by a person when, knowing the character and content thereof, he produces, directs or promotes any performance which includes sexual conduct by a child less than 17. It is a class D felony.

E. Possessing a sexual performance by a child is committed by a person when, knowing the character and content thereof, he knowingly has in his possession or control, or knowingly accesses with intent to view, any performance which includes sexual conduct by a child less than 16 years of age. It is a class E felony.

“Sexual conduct” means actual or simulated sexual intercourse, oral sexual conduct, anal sexual conduct, sexual bestiality, masturbation, sado-masochistic abuse, or lewd exhibition of the genitals.

“Sexual performance” means any performance or part thereof which includes sexual conduct by a child less than 16 or includes sexual conduct by a child less than 17.

“Obscene sexual performance” means any performance which includes conduct by a child less than 16 or, includes sexual conduct by a child less than 17 in any material which is obscene.

“Obscene” means:

A. the average person, applying contemporary community standards, would find that considered as a whole, its predominant appeal is to the prurient interest in sex, and

B. It depicts or describes in a patently offensive manner, actual or simulated: sexual intercourse, criminal sexual act, sexual bestiality, masturbation, sadism, masochism, excretion or lewd exhibition of the genitals, and

C. Considered as a whole, it lacks serious literary, artistic, political, and scientific value. Predominant appeal shall be judged with reference to ordinary adults unless it appears from the character of the material or the circumstances of its dissemination to be designed for children or other specially susceptible audience.

For possession of an obscene sexual performance by a child or a sexual performance by a child, it shall be an affirmative defense that the defendant in good faith reasonably believed the person appearing in the performance was 16 or over.

For use or promotion of a child in a sexual performance or an obscene sexual performance, it shall be an affirmative defense that the defendant in good faith and reasonably believed the person appearing in the performance was 17 or over.

It is an affirmative defense that the person so charged was a librarian engaged in the normal course of his employment, a motion picture projectionist, stage employee or spotlight operator, cashier, doorman, usher, candy stand attendant, porter or in any other non-managerial or non-supervisory capacity in a motion picture theatre; provided he has no financial interest, other than his employment, which employment does not encompass compensation based upon any proportion of the gross receipts, in the promotion of a sexual performance for sale, rental or exhibition or in the promotion, presentation or direction of any sexual performance, or is in any way responsible for acquiring such material for sale, rental or exhibition.

NORTH CAROLINA

N.C. Gen. Stat. Ann. §§14-190.13, 14-190.16, 14-190.17, 14-190.17A

Teens can be prosecuted for violating state laws against child pornography.

A. First degree sexual exploitation of a minor (class C felony): A person commits this offense if, knowing the character of the material or performance, he:

1. Uses, employs, induces, coerces, encourages, or facilitates a minor to engage in or assist others to engage in sexual activity for a live performance or for the purpose of producing material that contains a visual representation depicting this activity; or

2. Permits a minor under his custody or control to engage in sexual activity for a live performance or for the purpose of producing material that contains a visual representation depicting this activity; or

3. Transports or finances the transportation of a minor through or across this State with the intent that the minor engage in sexual activity for a live performance or for the purpose of producing material that contains a visual representation depicting this activity; or

4. Records, photographs, films, develops, or duplicates for sale or pecuniary gain material that contains a visual representation depicting a minor engaged in sexual activity.

B. Second degree sexual exploitation of a minor (class E felony): A person commits this offense, if, knowing the character or content of the material, he or she:

1. Records, photographs, films, develops, or duplicates material that contains a visual representation of a minor engaged in sexual activity; or

2. Distributes, transports, exhibits, receives, sells, purchases, exchanges, or solicits material that contains a visual representation of a minor engaged in sexual activity.

C. Third degree sexual exploitation of a minor (class H felony): A person commits this offense if, knowing the character or content of the material, he or she possesses material that contains a visual representation of a minor engaging in sexual activity.

A. “Sexual activity: means:

1. Masturbation, whether done alone or with another human or an animal.

2. Vaginal, anal, or oral intercourse, whether done with another human or with an animal.

3. Touching, in an act of apparent sexual stimulation or sexual abuse, of the clothed or unclothed genitals, pubic area, or buttocks of another person or the clothed or unclothed breasts of a human female.

4. An act or condition that depicts torture, physical restraint by being fettered or bound, or flagellation of or by a person clad in undergarments or in revealing or bizarre costume.

5. Excretory functions; provided, however, that this sub-subdivision shall not apply to G.S. 14-190.17A.

6. The insertion of any part of a person's body, other than the male sexual organ, or of any object into another person's anus or vagina, except when done as part of a recognized medical procedure.

7. The lascivious exhibition of the genitals or pubic area of any person.

B. “Sexually explicit nudity” means the showing of:

1. Uncovered, or less than opaquely covered, human genitals, pubic area, or buttocks, or the nipple or any portion of the areola of the human female breast, except as provided in G.S. 14-190.9(b); or

2. Covered human male genitals in a discernibly turgid state.

“Harmful to minors” means that quality of any material or performance that depicts sexually explicit nudity or sexual activity and that, taken as a whole, has the following characteristics:

A. The average adult person applying contemporary community standards would find that the material or performance has a predominant tendency to appeal to a prurient interest of minors in sex; and

B. The average adult person applying contemporary community standards would find that the depiction of sexually explicit nudity or sexual activity in the material or performance is patently offensive to prevailing standards in the adult community concerning what is suitable for minors; and

C. The material or performance lacks serious literary, artistic, political, or scientific value for minors.

NORTH DAKOTA

NDCC, 12.1-27.1-01, 12.1-27.1-02, 12.1-27.1-03.3, 12.1-27.1-11

Laws address when images are made or shared without the agreement of the person depicted, which is not the typical fact pattern in a teen sexting case. Teens who engage in sexting can be prosecuted under child pornography laws.

It is a class C felony for a person, knowing of its character, to recklessly promote to a minor any material or performance which is harmful to minors, or to admit a minor to premises where a performance harmful to minors is exhibited or takes place.

It is a class C felony to permit a minor to participate in performance which is harmful to minors.

It is a class C felony to knowingly possess any motion picture, photograph, or other visual representation that includes sexual conduct by a minor.

“Sexual conduct” means actual or simulated: sexual intercourse; sodomy; sexual bestiality; masturbation; sadomasochistic abuse; excretion; or lewd exhibition of the male or female genitals.

“Sexual excitement” means the condition of human male or female genitals when in a state of sexual stimulation or arousal.

“Sexually expressive image” means a photograph or visual representation that exhibits a nude or partially denuded human figure, or sexual conduct.

“Harmful to minors” means that quality of any description or representation, in whatever form of sexual conduct or sexual excitement, when such description or representation: (a) considered as a whole, appeals to the prurient sexual interest of minors; (b) is patently offensive to prevailing standards in the adult community in North Dakota as a whole with respect to what is suitable material for minors; and (c) considered as a whole, lacks serious literary, artistic, political, or scientific value for minors.

The statutes shall not apply to the possession or distribution of material in the course of law, enforcement, judicial, or legislative activities; or to the possession of material by a bona fide school, college, university, museum, or public library for limited access for educational research purposes carried on at such an institution by adults only. The statutes shall also not apply to a person who is returning material, found to be obscene, to the distributor or publisher initially delivering it to the person returning it.

OHIO

Ohio Rev. Code Ann. §§2907.01, 2907.321, 2907.322

Teens who engage in sexting are prosecuted under Ohio's child pornography laws.

A. Pandering obscenity involving a minor: No person, with knowledge of the character of the material or performance involved, shall:

1. Create, reproduce, or publish any obscene material that has a minor as one of its participants or portrayed observers;

2. Promote or advertise for sale or dissemination; sell, deliver, disseminate, display, exhibit, present, rent, or provide; or offer or agree to sell, deliver, disseminate, display, exhibit, present, rent, or provide, any obscene material that has a minor as one of its participants or portrayed observers;

3. Create, direct, or produce an obscene performance that has a minor as one of its participants;

4. Advertise or promote for presentation, present, or participate in presenting an obscene performance that has a minor as one of its participants;

5. Buy, procure, possess, or control any obscene material, that has a minor as one of its participants;

6. Bring or cause to be brought into this state any obscene material that has a minor as one of its participants or portrayed observers.

B. Pandering sexually oriented matter involving a minor: No person, with knowledge of the character of the material or performance, shall:

1. Create, record, photograph, film, develop, reproduce, or publish any material that shows a minor participating or engaging in sexual activity, masturbation, or bestiality;

2. Advertise for sale or dissemination, sell, distribute, transport, disseminate, exhibit, or display any material that shows a minor participating or engaging in sexual activity, masturbation, or bestiality;

3. Create, direct, or produce a performance that shows a minor participating or engaging in sexual activity, masturbation, or bestiality;

4. Advertise for presentation, present, or participate in presenting a performance that shows a minor participating or engaging in sexual activity, masturbation, or bestiality;

5. Knowingly solicit, receive, purchase, exchange, possess, or control any material that shows a minor participating or engaging in sexual activity, masturbation, or bestiality;

6. Bring or cause to be brought into this state any material that shows a minor participating or engaging in sexual activity, masturbation, or bestiality, or bring, cause to be brought, or finance the bringing of any minor into or across this state with the intent that the minor engage in sexual activity, masturbation, or bestiality in a performance or for the purpose of producing material containing a visual representation depicting the minor engaged in sexual activity, masturbation, or bestiality.

“Sexual conduct” means vaginal intercourse between a male and female; anal intercourse, fellatio, and cunnilingus between persons regardless of sex; and, without privilege to do so, the insertion, however slight, of any part of the body or any instrument, apparatus, or other object into the vaginal or anal opening of another. Penetration, however slight, is sufficient to complete vaginal or anal intercourse.

“Nudity” means the showing, representation, or depiction of human male or female genitals, pubic area, or buttocks with less than a full, opaque covering, or of a female breast with less than a full, opaque covering of any portion thereof below the top of the nipple, or of covered male genitals in a discernibly turgid state.

“Harmful to juveniles” means that quality of any material or performance describing or representing nudity, sexual conduct, sexual excitement, or sado-masochistic abuse in any form to which all of the following apply:(1) The material or performance, when considered as a whole, appeals to the prurient interest of juveniles in sex.(2) The material or performance is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable for juveniles.(3) The material or performance, when considered as a whole, lacks serious literary, artistic, political, and scientific value for juveniles.

The prohibition does not apply to any material or performance that is sold, disseminated, displayed, possessed, controlled, brought or caused to be brought into this state, or presented for a bona fide medical, scientific, educational, religious, governmental, judicial, or other proper purpose, by or to a physician, psychologist, sociologist, scientist, teacher, person pursuing bona fide studies or research, librarian, clergyman, prosecutor, judge, or other person having a proper interest in the material or performance.

OKLAHOMA

Okla. Stat. tit. 21, §§1021, 1021.1, 1021.2, 1024.1, 1024.2, 1040.8, 1040.13

Teens who engage in sexting may be prosecuted under Oklahoma's child pornography laws.

A. Every person who willfully and knowingly either:

1. Lewdly exposes his or her person or genitals in any public place, or in any place where there are present other persons to be offended or annoyed thereby; provided, however, for purposes of this section, a person alleged to have committed an act of public urination shall be prosecuted pursuant to Section 22 of this title unless such act was accompanied with another act that violates paragraphs 2 through 4 of this subsection and shall not be subject to registration under the Sex Offenders Registration Act;

2. Procures, counsels, or assists any person to expose such person, or to make any other exhibition of such person to public view or to the view of any number of persons, for the purpose of sexual stimulation of the viewer;

3. Writes, composes, stereotypes, prints, photographs, designs, copies, draws, engraves, paints, molds, cuts, or otherwise prepares, publishes, sells, distributes, keeps for sale, knowingly downloads on a computer, or exhibits any obscene material or child pornography; or

4. Makes, prepares, cuts, sells, gives, loans, distributes, keeps for sale, or exhibits any disc record, metal, plastic, or wax, wire or tape recording, or any type of obscene material or child pornography, shall be guilty, upon conviction, of a felony and shall be punished by the imposition of a fine of not less than Five Hundred Dollars ($500.00) nor more than Twenty Thousand Dollars ($20,000.00) or by imprisonment for not less than thirty (30) days nor more than ten (10) years, or by both such fine and imprisonment.

B. Procuring minors for participation in pornography: Any person who shall procure or cause the participation of any minor under the age of eighteen (18) years in any child pornography or who knowingly possesses, procures, or manufactures, or causes to be sold or distributed any child pornography shall be guilty, upon conviction, of a felony and shall be punished by imprisonment for not more than twenty (20) years or by the imposition of a fine of not more than Twenty-five Thousand Dollars ($25,000.00) or by both said fine and imprisonment. Persons convicted under this section shall not be eligible for a deferred sentence.

“Sexual conduct” means and includes any of the following:

A. acts of sexual intercourse including any intercourse which is normal or perverted, actual or simulated,

B. acts of deviate sexual conduct, including oral and anal sodomy,

C. acts of masturbation,

D. acts of sadomasochistic abuse including but not limited to:

1.flagellation or torture by or upon any person who is nude or clad in undergarments or in a costume which is of a revealing nature, or

2. the condition of being fettered, bound, or otherwise physically restrained on the part of one who is nude or so clothed,

E. acts of excretion in a sexual context, or

F. acts of exhibiting human genitals or pubic areas

“Child pornography” means any visual depiction or individual image stored or contained in any format on any medium including, but not limited to, film, motion picture, videotape, photograph, negative, undeveloped film, slide, photographic product, reproduction of a photographic product, play or performance wherein a minor under the age of eighteen (18) years is engaged in any act with a person, other than his or her spouse, of sexual intercourse which is normal or perverted, in any act of anal sodomy, in any act of sexual activity with an animal, in any act of sadomasochistic abuse including, but not limited to, flagellation or torture, or the condition of being fettered, bound or otherwise physically restrained in the context of sexual conduct, in any act of fellatio or cunnilingus, in any act of excretion in the context of sexual conduct, in any lewd exhibition of the uncovered genitals in the context of masturbation or other sexual conduct, or where the lewd exhibition of the uncovered genitals, buttocks or, if such minor is a female, the breast, has the purpose of sexual stimulation of the viewer, or wherein a person under the age of eighteen (18) years observes such acts or exhibitions.

The statutes shall not apply to persons who may possess or distribute obscene matter or child pornography or participate in conduct otherwise prescribed by this act, when such possession, distribution, or conduct occurs in the course of law enforcement activities.

The criminal provisions of this title shall not prohibit the district attorney from seeking civil or injunctive relief to enjoin the production, publication, dissemination, distribution, sale of or participation in any obscene material or child pornography, or the dissemination to minors of material harmful to minors, or the possession of child pornography.

OREGON

Or. Rev. Stat. §§ 163.665, 163.670, 163.684, 163.686, 163.687, 163.688, 163.689

Teenagers who engage in sexting may be prosecuted under child pornography laws.

A. Use child in display of sexually explicit conduct (class A felony): A person commits this crime if the person employs, authorizes, permits, compels or induces a child to participate or engage in sexually explicit conduct for any person to observe or to record in a visual recording.

B. Encourage child sexual abuse in the first degree (class B felony): A person commits this crime if the person knows or is aware of and consciously disregards the fact that creation of the visual recording of sexually explicit conduct involved child abuse and:

1. Knowingly develops, duplicates, publishes, prints, disseminates, exchanges, displays, finances, attempts to finance or sells a visual recording of sexually explicit conduct involving a child or knowingly possesses, accesses or views such a visual recording with the intent to develop, duplicate, publish, print, disseminate, exchange, display or sell it; or

2. Knowingly brings into this state, or causes to be brought or sent into this state, for sale or distribution, a visual recording of sexually explicit conduct involving a child.

C. Encourage child sexual abuse in the second degree (class C felony): A person commits this crime if the person:

1(a)(i) Knowingly possesses or controls, or knowingly accesses with the intent to view, a visual recording of sexually explicit conduct involving a child for the purpose of arousing or satisfying the sexual desires of the person or another person; or

(ii) Knowingly pays, exchanges or gives anything of value to obtain or view a visual recording of sexually explicit conduct involving a child for the purpose of arousing or satisfying the sexual desires of the person or another person; and

(b). Knows or is aware of and consciously disregards the fact that creation of the visual recording of sexually explicit conduct involved child abuse; or

2.(a) Knowingly pays, exchanges or gives anything of value to observe sexually explicit conduct by a child or knowingly observes, for the purpose of arousing or gratifying the sexual desire of the person, sexually explicit conduct by a child; and

(b) Knows or is aware of and consciously disregards the fact that the conduct constitutes child abuse.

D. Encourage child sexual abuse in the third degree (class A misdemeanor): A person commits this crime if the person:

1.(a)(i) Knowingly possesses or controls, or knowingly accesses with the intent to view, a visual recording of sexually explicit conduct involving a child for the purpose of arousing or satisfying the sexual desires of the person or another person; or

(ii) Knowingly pays, exchanges or gives anything of value to obtain or view a visual recording of sexually explicit conduct involving a child for the purpose of arousing or satisfying the sexual desires of the person or another person; and

(b) Knows or fails to be aware of a substantial and unjustifiable risk that the creation of the visual recording of sexually explicit conduct involved child abuse; or

2.(a) Knowingly pays, exchanges or gives anything of value to observe sexually explicit conduct by a child or knowingly observes, for the purpose of arousing or gratifying the sexual desire of the person, sexually explicit conduct by a child; and

(b) Knows or fails to be aware of a substantial and unjustifiable risk that the conduct constitutes child abuse.

E. Possess materials depicting sexually explicit conduct of a child in the first degree (class B felony): A person commits this crime if the person:

1. Knowingly possesses, accesses or views a visual depiction of sexually explicit conduct involving a child or a visual depiction of sexually explicit conduct that appears to involve a child; and

2. Uses the visual depiction to induce a child to participate or engage in sexually explicit conduct.

F. Possess materials depicting sexually explicit conduct of a child in the second degree (class C felony): A person commits this crime if the person:

1. Knowingly possesses, accesses or views a visual depiction of sexually explicit conduct involving a child or a visual depiction of sexually explicit conduct that appears to involve a child; and

2. Intends to use the visual depiction to induce a child to participate or engage in sexually explicit conduct.

“Sexually explicit conduct” means actual or simulated:

A. Sexual intercourse or deviant sexual intercourse;

B. Genital-genital, oral-genital, anal-genital or oral-anal contact, whether between persons of the same or opposite sex or between humans and animals;

C. Penetration of the vagina or rectum by any object other than as part of a medical diagnosis or treatment or as part of a personal hygiene practice;

D. Masturbation;

E. Sadistic or masochistic abuse; or

F. Lewd exhibition of sexual or other intimate parts.

The provisions do not apply to:

A. Any legitimate medical procedure performed by or under the direction of a person licensed to provide medical services for the purpose of medical diagnosis or treatment, including the recording of medical procedures;

B. Any activity undertaken in the course of bona fide law enforcement activity or necessary to the proper functioning of the criminal justice system, except that this exception shall not apply to any activity prohibited by ORS 163.670;

C. Any bona fide educational activity, including studies and lectures, in the fields of medicine, psychotherapy, sociology or criminology, except that this exception shall not apply to any activity prohibited by ORS 163.670;

D. Obtaining, viewing or possessing a visual recording as part of a bona fide treatment program for sexual offenders; or

E. A public library or a library exempt from taxation, except that these exceptions do not apply to any activity prohibited by ORS 163.670.

PENNSYLVANIA

18 Pa.C.S.A. §§5903, 6312, 6321

It is a crime for a minor to:

1. Transmit, distribute or share an electronic communication containing a nude image of him or herself or any other person age 12 or older, but younger than 18 (summary offense);

2. Knowingly possess or view a sexually explicit image of a minor who is 12 or older (summary offense);

3. Knowingly transmit, distribute, publish or disseminate an electronic communication containing a sexually explicit image of another minor who is 12 or older (misdemeanor of the third degree);

4. With intent to coerce, intimidate, torment, harass or otherwise cause emotional distress to another minor, the minor (misdemeanor of the second degree):

a. Makes a visual depiction of any minor in a state of nudity without the knowledge and consent of the depicted minor; or

b. Transmits, distributes, publishes or disseminates a visual depiction of any minor in a state of nudity without the knowledge and consent of the depicted minor;

A person charged with a summary offense may be considered for referral to a diversionary program.

Sexual Abuse of Children

1. Photographing, videotaping, depicting on computer or filming sexual acts (second degree felony): Any person who knowingly:

a. Permits a child (under 18) to engage in a prohibited sexual act or in the simulation of such an act with knowledge or reason to know that such act may be photographed, videotaped, depicted on computer or filmed.

b. Photographs, videotapes, depicts on computer or films a child engaging in a prohibited sexual act or in the simulation of such an act.

2. Dissemination of photographs, videotapes, computer depictions and films (third degree felony); Any person who knowingly sells distributes, delivers, disseminates, transfers, displays or exhibits to others, or who possesses for the purpose of sale, distribution, delivery, dissemination, transfer, display or exhibition to others, any book, magazine, pamphlet, slide, photograph, film, videotape, computer depiction or other material depicting a child under the age of 18 years engaging in a prohibited sexual act or in the simulation of such act commits an offense.

3. Child pornography (third degree felony): Any person who intentionally views or knowingly possesses or controls any book, magazine, pamphlet, slide, photograph, film, videotape, computer depiction or other material depicting a child under the age of 18 years engaging in a prohibited sexual act or in the simulation of such act.

“Nudity” means the showing of the human male or female genitals, pubic area or buttocks with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple or the depiction of covered male genitals in a discernibly turgid state.

“Sexual conduct” means acts of masturbation, homosexuality, sexual intercourse, sexual bestiality or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks, or, if such person be a female, breast.

“Harmful to minors” means that quality of any description or representation, in whatever form, of nudity, sexual conduct, sexual excitement, or sadomasochistic abuse, when it: (i) predominantly appeals to the prurient, shameful or morbid interest of minors; and (ii) is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors; and (iii) taken as a whole, lacks serious literary, artistic, political, educational or scientific value for minors.

Transmission of sexually explicit images by a minor shall not apply to: A. Conduct that involves images that depict sexual intercourse, deviate sexual intercourse or penetration, however slight, of the genitals or anus of a minor, masturbation, sadism, masochism or bestiality;

B. Conduct that involves a sexually explicit image of a minor if the image was taken, made, used or intended to be used for or in furtherance of a commercial purpose.

The statute shall apply to any recognized historical society or museum accorded charitable status by the Federal Government, any county, city, borough, township or town library, any public library, any library of any school, college, or university or any archive or library under the supervision and control of Pennsylvania or a political subdivision.

The statute does not apply to:

1. Any material that is viewed, possessed, controlled, brought or caused to be brought into Pennsylvania, or presented, for a bona fide educational, scientific, governmental or judicial purpose;

2. conduct prohibited under section 6321 unless the conduct is specifically excluded by 6321(d);

3. an individual under 18 years of age who knowingly views, photographs, videotapes, depicts on a computer or films or possesses or intentionally views a visual depiction of himself alone in a state of nudity.

RHODE ISLAND

R.I. Gen. Laws Ann. §§11-9-1.1, 11-9-1.3, 11-9-1.4, 11-52-4.2, 16-21-33, 16-21-34

“Sexting” is prohibited. No minor (under 18) shall knowingly and voluntarily and without threat or coercion use a computer or telecommunication device to transmit an indecent visual depiction of himself or herself to another person. Any child violating this shall not be subject to sex offender registration requirements.

“Child pornography” means any visual depiction, including any photograph, film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct where: the production involves the use of a minor engaging in sexually explicit conduct or the visual depiction is a digital, computer, or computer generated image of a minor engaging in sexually explicit conduct; such visual depiction has been created, adapted, or modified to display an identifiable minor engaging in sexually explicit conduct.

Child pornography is prohibited.

Cyberstalking and cyber harassment are prohibited. Transmitting any communication by electronic device to any person for the sole purpose of harassing that person or his or her family is a misdemeanor and any person charged will be punished by a fine of not more than $500, imprisonment for not more than 1 year, or both. A subsequent conviction shall be deemed a felony punishable by imprisonment for not more than 2 years, a fine of not more than $6,000, or both.

“Indecent visual depiction” means any digital image or digital video of the minor engaging in sexually explicit conduct, and includes data stored or any computer, telecommunication device, or other electronic storage media which is capable of conversion into a visual image.

“Sexually explicit conduct” means actual masturbation or graphic focus on or lascivious exhibition of the nude genitals or pubic area of the minor.

A. It shall be an affirmative defense to the charge of producing child pornography, transferring child pornography, or reproducing child pornography, that:

1. The alleged child pornography was produced using an actual person or persons engaging in sexually explicit conduct; and

2. Each such person was an adult at the time the material was produced; and

3. The defendant did not advertise, promote, present, describe or distribute the material in such a manner as to convey the impression that it is or contains a visual depiction of a minor engaging in sexually explicit conduct.

B. It shall be an affirmative defense to the charge of knowingly possessing any material that contains child pornography that the defendant:

1. Possessed less than 3 images; and

2. Promptly and in good faith and without retaining any person other than a law enforcement agency to access or copy any image:

a. Took reasonable steps to destroy such image; or

b. Reported the matter to a law enforcement agency and afforded that agency access to each such image.

SOUTH CAROLINA

S.C. Cod. Laws Ann. §§ 16-15-305, 16-15-345, 16-15-375, 16-15-395, 16-15-405, 16-15-410

It is a crime to disseminate harmful materials to minors.

It is a crime to send sexual images to minors via text message.

The law applies to either minors or adults.

A. First degree sexual exploitation of a minor (felony, 3 to 20 years imprisonment): An individual commits the offense if, knowing the character or content of the material, he 1. Uses a minor to engage in sexual activity or appear in a state of sexually explicit nudity when a reasonable person would infer the purpose is sexual stimulation for a live performance or for the purpose of producing material that contains a visual representation depicting this activity or a state of sexually explicit nudity when a reasonable person would infer the purpose is sexual stimulation; 2. permits a minor under his custody or control to engage in sexual activity or appear in a state of sexually explicit nudity when a reasonable person would infer the purpose is sexual stimulation for a live performance or for the purpose of producing material that contains a visual representation depicting this activity or a state of sexually explicit nudity when a reasonable person would infer the purpose is sexual stimulation; 3. transports or finances the transportation of a minor through or across this State with the intent that the minor engage in sexual activity or appear in a state of sexually explicit nudity when a reasonable person would infer the purpose is sexual stimulation for a live performance or for the purpose of producing material that contains a visual representation depicting this activity or a state of sexually explicit nudity when a reasonable person would infer the purpose is sexual stimulation; or 4. records, photographs, films, develops, duplicates, produces, or creates a digital electronic file for sale or pecuniary gain material that contains a visual representation depicting a minor engaged in sexual activity or a state of sexually explicit nudity when a reasonable person would infer the purpose is sexual stimulation.

B. Second degree sexual exploitation of a minor (felony, 2 to 10 years imprisonment): An individual commits the offense if, knowing the character or content of the material, he or she:

1. Records, films, or creates digital electronic file material that contains a visual representation of a minor engaged in sexual activity or appearing in a state of sexually explicit nudity when a reasonable person would infer the purpose is sexual stimulation; or

2. Distributes, transports, exhibits, receives, sells, purchases, exchanges, or solicits material that contains a visual representation of a minor engaged in sexual activity or appearing in a state of sexually explicit nudity when a reasonable person would infer the purpose is sexual stimulation.

C. Third degree sexual exploitation of a minor: An individual commits the offense if, knowing the character or content of the material, he possesses material that contains a visual representation of a minor engaging in a sexual activity or appearing in a state of sexually explicit nudity when a reasonable person would infer the purpose is sexual stimulation.

A. “Sexual conduct” means: 1. vaginal, anal, or oral intercourse, whether actual or simulated, normal or perverted, whether between human beings, animals, or a combination thereof; 2. masturbation, excretory functions, or lewd exhibition, actual or simulated, of the genitals, pubic hair, anus, vulva, or female breast nipples including male or female genitals in a state of sexual stimulation or arousal or covered male genitals in a discernably turgid state; 3. an act or condition that depicts actual or simulated bestiality, sado-masochistic abuse, meaning flagellation or torture by or upon a person who is nude or clad in undergarments or in a costume which reveals the pubic hair, anus, vulva, genitals, or female breast nipples, or the condition of being fettered, bound, or otherwise physically restrained on the part of the one so clothed; 4. an act or condition that depicts actual or simulated touching, caressing, or fondling of, or other similar physical contact with, the covered or exposed genitals, pubic or anal regions, or female breast nipple, whether alone or between humans, animals, or a human and an animal, of the same or opposite sex, in an act of actual or apparent sexual stimulation or gratification; or 5. an act or condition that depicts the insertion of any part of a person's body, other than the male sexual organ, or of any object into another person's anus or vagina, except when done as part of a recognized medical procedure.

B. “Sexually explicit nudity” means the showing of: 1. uncovered, or less than opaquely covered human genitals, pubic area, or buttocks, or the nipple or any portion of the areola of the human female breast; or 2. covered human male genitals in a discernibly turgid state.

“Harmful to minors” means that quality of any material or performance that depicts sexually explicit nudity or sexual activity and that, taken as a whole, has the following characteristics:

A. the average adult person applying contemporary community standards would find that the material or performance has a predominant tendency to appeal to a prurient interest of minors in sex; and

B. the average adult person applying contemporary community standards would find that the depiction of sexually explicit nudity or sexual activity in the material or performance is patently offensive to prevailing standards in the adult community concerning what is suitable for minors; and

C. to a reasonable person, the material or performance taken as a whole lacks serious literary, artistic, political, or scientific value for minors.

Third degree sexual exploitation of a minor does not apply to an employee of a law enforcement agency, including the State Law Enforcement Division, a prosecuting agency, including the South Carolina Attorney General's Office, or the South Carolina Department of Corrections who, while acting within the employee's official capacity in the course of an investigation or criminal proceeding, is in possession of material that contains a visual representation of a minor engaging in sexual activity or appearing in a state of sexually explicit nudity when a reasonable person would infer the purpose is sexual stimulation.

SOUTH DAKOTA

SDCL §§13-32-19, 13-32-15, 13-32-16, 26-10-34, 26-10-33, 26-10-35, 22-24A-2(9),22-24A-2(16)

No minor, as defined in subdivision 26-7A-1(21), may intentionally create, produce, distribute, present, transmit, post, exchange, disseminate, or possess, through any computer or digital media, any photograph or digitized image or any visual depiction of a minor in any condition of nudity, as defined in subdivision 22-24A-2(9), or involved in any prohibited sexual act, as defined in subdivision 22-24A-2(16). Any violation of this section constitutes the offense of juvenile sexting, which is a Class 1 misdemeanor.

It is not a defense to the offense of juvenile sexting that the visual depiction is of the person charged.

“Nudity,” the showing or the simulated showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering; or the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple; or the depiction of covered male genitals in a discernibly turgid state for the purpose of creating sexual excitement. This term does not include a mother's breast-feeding of her baby irrespective of whether or not the nipple is covered during or incidental to feeding.

“Prohibited sexual act,” actual or simulated sexual intercourse, sadism, masochism, sexual bestiality, incest, masturbation, or sadomasochistic abuse; actual or simulated exhibition of the genitals, the pubic or rectal area, or the bare feminine breasts, in a lewd or lascivious manner; actual physical contact with a person's clothed or unclothed genitals, pubic area, buttocks, or, if such person is a female, breast with the intent to arouse or gratify the sexual desire of either party; defecation or urination for the purpose of creating sexual excitement in the viewer; or any act or conduct which constitutes sexual battery or simulates that sexual battery is being or will be committed. The term includes encouraging, aiding, abetting or enticing any person to commit any such acts as provided in this subdivision.

“Harmful to minors,” any reproduction, imitation, characterization, description, visual depiction, exhibition, presentation, or representation, of whatever kind or form, depicting nudity, sexual conduct, or sexual excitement if it:

(a) Predominantly appeals to the prurient, shameful, or morbid interest of minors;

(b) Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors; and

(c) Taken as a whole is without serious literary, artistic, political, or scientific value for minors.

This term does not include a mother's breast-feeding of her baby.

It is an affirmative defense that the minor has not solicited the visual depiction, that the minor does not subsequently distribute, present, transmit, post, print, disseminate, or exchange the visual depiction, and that the minor deletes or destroys the visual depiction within a reasonable time after receipt. It is an affirmative defense to the offense of juvenile sexting that the visual depiction is of a single minor, created by that minor, who does not subsequently distribute, present, transmit, post, print, disseminate, or exchange the visual depiction.

TENNESSEE

Tn. Code Ann. §§39-17-901, 39-17-902, 39-17-911, 39-17-1003, 39-17-1004, 39-17-1005

Teen sexting is punished under Tennessee law against sexual exploitation of children.

It's illegal to possess images of a minor engaged in sexual activity.

The law pertains to sexual images sent via text message and applies to anyone who sexts with someone younger than 18. Someone who sexts with a minor may also be prosecuted for distributing or making sexual images available to a minor or producing, possessing or distributing child pornography.

A. Sexual exploitation (class D felony; >50 images is a class C felony; >100 images is a class B felony): It shall be unlawful for any person to knowingly possess material that includes a minor engaged in sexual activity or simulated sexual activity that is patently offensive.

B. Aggravated sexual exploitation

1. Unlawful to distribute or possess with intent to distribute material that includes a minor engaged in a. sexual activity; or b. simulated sexual activity that is patently offensive (class C felony; but if # of images >25, class B felony).

2. Unlawful to knowingly sell obscene material or possess obscene material which includes a minor engaged in a. sexual activity; or b. simulated sexual activity that is patently offensive (class C felony; but if # of images >25, then class B felony).

C. Especially aggravated sexual exploitation: Unlawful to knowingly use or permit a minor to participate in the performance or production of acts or material that includes the minor engaging in sexual activity or simulated sexual activity that is patently offensive (class B felony).

“Nudity” means the showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering or the showing of the female breast with less than a fully opaque covering of any portion below the top of the nipple, or the depiction of covered male genitals in a discernibly turgid state.

“Sexual conduct” means:

A. Patently offensive representations or descriptions of ultimate sexual acts, normal or perverted, actual or simulated. A sexual act is simulated when it depicts explicit sexual activity that gives the appearance of ultimate sexual acts, anal, oral or genital. “Ultimate sexual acts” means sexual intercourse, anal or otherwise, fellatio, cunnilingus or sodomy; or

B. Patently offensive representations or descriptions of masturbation, excretory functions, and lewd exhibition of the genitals.

“Harmful to minors” means that quality of any description or representation, in whatever form, of nudity, sexual excitement, sexual conduct, excess violence or sadomasochistic abuse when the matter or performance:

A. Would be found by the average person applying contemporary community standards to appeal predominantly to the prurient, shameful or morbid interests of minors;

B. Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable for minors; and

C. Taken as whole lacks serious literary, artistic, political or scientific values for minors;

TEXAS

V.T.C.A., Education Code §37.218

V.T.C.A., Penal Code §§43.24, 43.25, 43.26, 43.261

Teen sexting is punished under Texas' law against electronically transmitting sexual depictions of children; however, minors have a defense.

Program is to be developed for use by school districts that address: the legal consequences including legal penalties of sharing visual material depicting a minor engaged in sexual conduct; other possible consequences of sharing said visual material including: negative effects on relationships; loss of educational and employment opportunities; possible removal from certain school programs or extracurricular activities; unique characteristics of the Internet and communications networks that could affect visual material depicting a minor engaging in sexual conduct including: search and replication capabilities, and a possible worldwide audience; prevention of, identification of, responses to and reporting of incidents of bullying; connection between bullying, cyberbullying, harassment, and a minor sharing visual material depicting a minor engaged in sexual conduct.

A. Sale, distribution or display of harmful material to minor: If, knowing that material is harmful:

1. And knowing the person is a minor the person sells or possesses for sale or exhibition to a minor harmful material (class A misdemeanor);

2. (a) The person displays harmful material and is reckless about whether a minor is present who will be offended or alarmed (class A misdemeanor); or (b) hires, employs or uses a minor to sell or distribute harmful material to a minor (third degree felony)

B. Sexual performance by a child (class A misdemeanor): A person commits an offense if, knowing the character and content thereof:

1. The person induces a child younger than 18 to engage in sexual conduct or a sexual performance. A parent or legal guardian commits an offense by consenting to the participation by the child in a sexual performance (felony of the second degree; but if the victim is younger than 14, then felony of the first degree).

2. The person produces or promotes a performance that includes sexual conduct by a child younger than 18 (felony of the third degree; but if the victim is younger than 14, then felony of the second degree)

C. Possession or Promotion of Child Pornography:

1. Knowingly possessing, or intentionally accessing with intent to view visual material that visually depicts a child (under 18) at the time the image of the child was made who is engaging in sexual conduct, including a child who engages in sexual conduct as a victim of an offense; and the person knows that the material depicts the child (felony of the third degree.

2. Knowingly promoting or possessing with intent to promote visual material that visually depicts a child under 18; with knowledge that the material depicts the child (felony of the second degree).

“Sexual conduct” means sexual contact, actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, sado-masochistic abuse, or lewd exhibition of the genitals, the anus, or any portion of the female breast below the top of the areola.

“Nude” means a child who is entirely unclothed or clothed in a manner that leaves uncovered or visible through less than fully opaque clothing any portion of the breasts below the top of the areola of the breasts, if the child is female, or any portion of the genitals or buttocks.

“Harmful material” means material whose dominate theme taken as a whole:

A. Appeals to the prurient interest of a minor, in sex, nudity, or excretion

B. Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable for minors; and

C. Is utterly without redeeming social value for minors.

It is an affirmative defense to a prosecution for sexual performance by a child or possession or promotion of child pornography that the defendant is not more than two years older than the child.

A. It is an affirmative defense to a prosecution for sexual performance by a child or possession or promotion of child pornography that: the defendant was the spouse of the child at the time of the offense; the conduct was for a bona fide educational, medical, psychological, psychiatric, judicial, law enforcement, or legislative purpose.

B. It is a defense to prosecution that the actor is a law enforcement officer or school administrator who:

1. Possessed or accessed the visual material in good faith solely as a result of an allegation of a violation of Section 43.261;

2. Allowed other law enforcement or school administrative personnel to possess or access the material only as appropriate based on the allegation described by Subdivision (1); and

3. Took reasonable steps to destroy the material within an appropriate period following the allegation described by Subdivision (1).

UTAH

Utah Code Ann. §§76-5b-201, 76-10-1201 , 76-10-1204, 76-10-1206

Teens who engage in sexting will be punished under Utah's laws against child pornography and sexual exploitation of minors.

A. A person is guilty of dealing in material harmful to minors when, knowing or believing that a person is a minor, or having negligently failed to determine the proper age of a minor, the person intentionally: 1. distributes or offers to distribute, or exhibits or offers to exhibit, to a minor or a person the actor believes to be a minor, any material harmful to minors; 2. produces, performs, or directs any performance, before a minor or a person the actor believes to be a minor, that is harmful to minors; or 3. participates in any performance before a minor or a person the actor believes to be a minor, that is harmful to minors.

Each separate offense committed by a person 18 or older is a third degree felony.

A person 18 or older who knowingly solicits, requests, commands, encourages, or intentionally aids a person younger than 18 to engage in conduct in violation of the statute is guilty of a third degree felony.

Each separate offense committed by a person 16 or 17 years of age is a class A misdemeanor.

Each separate offense committed by a person younger than 16 is a class B misdemeanor.

B. Sexual exploitation of a minor (second degree felony): A person is guilty of sexual exploitation of a minor when the person:

1. Knowingly produces, possesses or possesses with intent to distribute child pornography; or

2. Intentionally distributes or views child pornography;

3. Is the parent or legal guardian of the minor and knowingly permits the minor to be sexually exploited.

C. Distributing pornographic material.

1. When a person knowingly:

a. sends or brings any pornographic material into the state with intent to distribute or exhibit it to others;

b. prepares, publishes, prints, or possesses any pornographic material with intent to distribute or exhibit it to others;

c. distributes or offers to distribute, or exhibits or offers to exhibit, any pornographic material to others;

d. writes, creates, or solicits the publication or advertising of pornographic material;

e. promotes the distribution or exhibition of material the person represents to be pornographic; or

f. presents or directs a pornographic performance in any public place or any place exposed to public view or participates in that portion of the performance which makes it pornographic.

2. A person 18 or older who commits this offense is guilty of a third degree felony punishable by $1,000 plus $10 for each article exhibited; and incarceration for not less than 30 days.

3. A person who is 16 or 17 who commits this offense is guilty of a class A misdemeanor.

4. A person who is younger than 16 who commits this offense is guilty of a class B misdemeanor.

“Nudity” means: (a) the showing of the human make or female genitals, pubic area, or buttocks, with less than an opaque covering; (b) the showing of a female breast with less than an opaque covering, or any portion of the female breast below the top of the areola; or (c) the depiction of covered male genitals in a discernibly turgid state.

“Sexual conduct” means acts of masturbation, sexual intercourse, or any touching of a person's clothed or unclothed genitals, pubic area, buttocks, or, if the person is a female, breast, whether alone or between members of the same or opposite sex or between humans and animals in an act of apparent or actual sexual stimulation or gratification.

“Harmful to minors” means that quality of any description or representation, in whatsoever form, of nudity, sexual conduct, sexual excitement, or sadomasochistic abuse when it:

A, taken as a whole, appeals to the prurient interest in sex of minors;

B. is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors; and

C. taken as a whole does not have serious value (only serious literary, artistic, political or scientific value) for minors.

Sexual exploitation of a minor may not be construed to impose criminal or civil liability on:

A. any entity or an employee, director, officer, or agent of an entity when acting within the scope of employment, for the good faith performance of:

1. reporting or data preservation duties required under any federal or state law; or

2. implementing a policy of attempting to prevent the presence of child pornography on any tangible or intangible property, or of detecting and reporting the presence of child pornography on the property; or

B. any law enforcement officer acting within the scope of a criminal investigation.

This section does not apply to an Internet service provider, a provider of an electronic communications service, a telecommunications service, information service, or mobile service, including a commercial mobile service, or a cable operator if:

A. The distribution of pornographic material by the ISP occurs only incidentally through the provider's function of: 1. transmitting or routing data from one person to another person; or 2. providing a connection between one person and another person;

B. The provider does not intentionally aid or abet in the distribution of the pornographic material; and

C. The provider does not knowingly receive from or through a person who distributes the pornographic material a fee greater than the fee charged by the provider as a specific condition for permitting the person to distribute the pornographic material.

This section does not apply to a hosting company if:

A. The distribution of pornographic material by the hosting company occurs only incidentally through the hosting company's function of providing data storage space or data caching to a person;

B. The hosting company does not intentionally engage, aid, or abet in the distribution of the pornographic material; and

C. The hosting company does not knowingly receive from or through a person who distributes the pornographic material a fee greater than the fee generally charged by the provider as a specific condition for permitting the person to distribute, store, or cache the pornographic material.

VERMONT

Vt. Stat. Ann. tit. 13, §§2801, 2802B

No minor shall knowingly and voluntarily and without threat or coercion use an electronic communication device to transmit an indecent visual depiction of himself or herself to another person.

No person shall possess a visual depiction transmitted to the person in violation of the statute.

A minor who violates the statute shall be adjudicated delinquent. An action shall be filed in family court and treated as a juvenile proceeding, and may be referred to the juvenile diversion program of the district in which the action is filed.

For a first offense, a minor shall not be prosecuted for the sexual exploitation of children and shall not be subject to the sex offender registration requirements.

For subsequent offenses, a minor may be adjudicated in family court or prosecuted in district court, but shall not be subject to the sex offender registration requirements.

“Nudity” means the showing of the human male or female genitals, pubic area or buttocks with less than a full opaque covering, or the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple, or the depiction of covered male genitals in a discernably turgid state.

“Sexual conduct” means acts of masturbation, homosexuality, sexual intercourse, or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks or, if such a person be a female, breast.

“Harmful to minors” means that quality of any description or representation of nudity, sexual conduct, sexual excitement, or sado-masochistic abuse when it: (A) predominantly appeals to the prurient, shameful or morbid interest of minors; (B) is patently offensive to prevailing standards in the adult community in Vermont as a whole with respect to what is patently suitable material for minors; and (C) is taken as a whole, lacks serious literary, artistic, political, or scientific value, for minors.

It shall not be a violation of the statute if the person took reasonable steps, whether successful or not, to destroy or eliminate the visual depiction.

VIRGINIA

VA Code Ann. §§18.2-152.7:1, 18.2-374.1,

Teen sexting is punished under laws against child pornography.

“Child pornography” means sexually explicit visual material which utilizes or has as a subject an identifiable minor.

A person shall be guilty of production of child pornography who: 1. Accosts, entices or solicits a person less than 18 years of age with intent to induce or force such person to perform in or be a subject of child pornography; or 2. Produces, makes, attempts, or prepares to produce or make child pornography; or 3. Who knowingly takes part in or participates in the filming, photographing, or other production of child pornography by any means; or 4. Knowingly finances or attempts or prepares to finance child pornography.

“Sexually explicit visual material” means a picture, photograph, drawing, sculpture, motion picture film, digital image, including such material stored in a computer's temporary Internet cache when three or more images or streaming videos are present, or similar visual representation which depicts sexual bestiality, a lewd exhibition of nudity, as nudity is defined in § 18.2-390, or sexual excitement, sexual conduct or sadomasochistic abuse, as also defined in § 18.2-390, or a book, magazine or pamphlet which contains such a visual representation. An undeveloped photograph or similar visual material may be sexually explicit material notwithstanding that processing or other acts may be required to make its sexually explicit content apparent.

“Nudity” means a state of undress so as to expose the human male or female genitals, pubic area or buttocks with less than a full opaque covering, or the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple, or the depiction of covered or uncovered male genitals in a discernibly turgid state

The defendant is not more than two years older than the child.

WASHINGTON

WA ST 9.68A.011 to 9.68A.090, 28A.300.285

WAC 148-120-100

Sexting involving teenagers is punished under laws against sexual exploitation of children.

Possession, distribution, display, creation or production of sexually explicit material by a student is prohibited.

A person may be prosecuted for:

A. Sexual exploitation of a minor (class B felony);

B. Dealing in depictions of a minor engaged in sexually explicit conduct (class B or C felony);

C. Bringing into Washington depictions of a minor engaged in sexually explicit conduct (class B or C felony);

D. Possessing a depiction of a minor engaged in sexually explicit conduct (class B or C felony);

E. Viewing depictions of a minor engaged in sexually explicit conduct (class B or C felony);

F. Communicating with a minor for immoral purposes (gross misdemeanor or class C felony).

“Sexually explicit conduct” means actual or simulated:

A. Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex or between humans and animals;

B. Penetration of the vagina or rectum by any object;

C. Masturbation;

D. Sadomasochistic abuse;

E. Defecation or urination for the purpose of sexual stimulation of the viewer;

F. Depiction of the genitals or unclothed pubic or rectal areas of any minor, or the unclothed breast of a female minor, for the purpose of sexual stimulation of the viewer. For the purposes of this subsection, it is not necessary that the minor know that he or she is participating in the described conduct, or any aspect of it; and

G. Touching of a person's clothed or unclothed genitals, pubic area, buttocks, or breast area for the purpose of sexual stimulation of the viewer.

WEST VIRGINIA

W. Va. Code Ann. §§49-5-13g, 61-8A-1 to 61-8A-5, 61-8C-1 to 61-8C-3b

West Virginia enacted laws against sexting that occurs between teenagers.

Any minor who intentionally possesses, creates, produces, distributes, presents, transmits, posts, exchanges, or otherwise disseminates a visual portrayal of another minor posing in an inappropriate sexual manner or who distributes, presents, transmits, posts, exchanges or otherwise disseminates a visual portrayal of himself or herself posing in an inappropriate sexual manner shall be guilty of an act of delinquency and upon adjudication disposition may be made by the circuit court.

The court or prosecuting attorney may direct or allow a minor who engaged in activity proscribed by sections 61-8A-1 to 61-8A-5 to participate in an educational diversion program.

“Minor” means any child under 18.

A. Distribution and display of obscene matter to minors: Any adult with knowledge of the character of the matter, who knowingly and intentionally distributes, offers to distribute or displays to a minor any obscene matter, is guilty of a felony and shall be fined no more than $25,000 or confined for no more than 5 years, or both.

B. Use of obscene matter with intent to seduce a minor: Any adult with knowledge of the character of the matter, who knows a person is a minor and distributes by any means any obscene matter to the minor, and such distribution is undertaken with intent to sexually seduce or abuse the minor, is guilty of a felony and shall be fined no more than $25,000, confined for no more than 10 years, or both.

C. Use of minors in photographing or filming sexually explicit conduct is a felony. Also, any parent or legal guardian or person having custody and control of a minor who knowingly permits a child to engage in or assist in any sexually explicit act shall be guilty of a felony when such person has knowledge that such act may be photographed or filmed. Upon conviction, a person shall not be fined more than $10,000, or imprisoned for not more than 10 years, or both.

D. Distribution and exhibition of material depicting minors engaged in sexually explicit conduct is a felony. When the conduct involves less than 50 images, the maximum fine is $2,000 and the maximum imprisonment is for 2 years. When the conduct involves 50 to 600 images, the maximum fine is $5,000 and the imprisonment is from 2 to 10 years. When the conduct involves >600 images, or depicts violence against a child or a child engaging in bestiality, the person shall be imprisoned for 5 to 15 years and/or fined no more than $25,000.

E. Prohibiting child erotica: Any adult who knowingly and intentionally produces, possesses, displays or distributes any visual portrayals of minors (less than 16, or between 16 and 18 but mentally defective or mentally incapacitated) who are partially clothed, where the visual portrayals are unrelated to the sale of a commercially available legal product and used for purely prurient purposes, is guilty of a misdemeanor and shall be confined in jail for not more than 1 year and/or fined not more than $1,000.

“Sexually explicit conduct” means an ultimate sexual act, normal or perverted, actual or simulated, including sexual intercourse, sodomy, oral copulation, sexual bestiality, sexual sadism and masochism, masturbation, excretory functions and lewd exhibition of the genitals.

The criminal provisions do not apply to:

A. A bona fide school, in the presentation of local or state approved curriculum;

B. A public library, or museum, which is displaying or distributing any obscene matter to a minor only when the minor was accompanied by his or her parent;

C. A licensed medical or mental health care provider, or judicial or law-enforcement officer, during the course of medical, psychiatric, or psychological treatment or judicial or law-enforcement activities;

D. A person who did not know or have reason to know, and could not reasonably have learned, that the person to whom the obscene matter was distributed or displayed was a minor and who took reasonable measures to ascertain the identity and age of the minor;

E. A person who routinely distributes obscene matter by the use of telephone, computer network or the internet and who distributes such matter to any minor under the age of eighteen years after the person has taken reasonable measures to prevent access by minors to the obscene matter; or

F. A radio or television station, cable television service or other telecommunications service regulated by the federal communications commission.

It shall be an affirmative defense to an alleged violation of the section prohibiting juveniles from manufacturing, possessing or distributing nude images of minors that a minor charged with possession did neither solicit its receipt nor distribute, transmit or present it to another person by any means.

WISCONSIN

Wi. Stat. Ann. §§948.055, 948.12

Punishes teen sexting under laws against child pornography and related activities.

A. Under Wisconsin's child pornography law, it is illegal to possess or view a visual depiction of a child engaged in sexual conduct—including depictions sent via text message.

B. It is a crime for an adult to cause a child to view sexual activity for the purpose of that adult's sexual arousal or gratification. Under this law, an adult who sends a sexually explicit text message image to a child may face felony charges. This is a class F felony if the child is less than 13 and a class H felony if the child is between 13 and 18 years old.

WYOMING

Wy. Stat. Ann. § 6-4-303

Punishes teen sexting under its law against child pornography (sexual exploitation of a child).

A. “Child pornography” means any visual depiction, including any photograph, film, video, picture, computer or computer-generated image or picture, whether or not made or produced by electronic, mechanical or other means, of explicit sexual conduct, where:

1. The production of the visual depiction involves the use of a child engaging in explicit sexual conduct;

2. The visual depiction is of explicit sexual conduct involving a child or an individual virtually indistinguishable from a child; or

3. The visual depiction has been created, adapted or modified to depict explicit sexual conduct involving a child or an individual virtually indistinguishable from a child.

B. Under this law, it is illegal to make, receive, or possess any visual depiction of a child engaged in sexual conduct, or images of the child's genitals or pubic area. It is also illegal to ask a child to create or send such images. Wyoming law makes no distinction between juveniles—people under the age of 18— and adults who make, receive, or possess such images.

A. “Sexual conduct” means: 1. Patently offensive representations or descriptions of ultimate sexual acts, normal or perverted, actual or simulated; 2. Sado-masochistic abuse; or 3. Patently offensive representations or descriptions of masturbation, excretory functions or lewd exhibitions of the genitals.

B. “Explicit sexual conduct” means actual or simulated sexual intercourse, including genital-genital, oral-genital, anal-genital or oral-anal, between persons of the same or opposite sex, bestiality, masturbation, sadistic or masochistic abuse or lascivious exhibition of the genitals or pubic area of any person.

GUAM

9 G.C.A. § 28.101

9 G.C.A. § 28.100

17 G.C.A. § 3112.1

A minor is guilty of an offense of Illegal Use of a Computer Telecommunications Device Involving a Minor, otherwise known as Sexting, if the minor, by use of a computer or any telecommunications device, recklessly or knowingly creates, receives, exchanges, sends, disseminates, transmits or possesses a photograph, video, depiction or other material that shows himself or herself, or of another minor, in a state of nudity. It is no defense to a charge under this Section that the minor creates, receives, exchanges, sends, or possesses a photograph, video, or other material that shows themselves in a state of nudity.

A minor who violates this Section is guilty of a separate offense for each separate photograph, video, or other material that shows a minor in a state of nudity which is created, received, exchanged, sent, or possessed.

Applicability. This Section shall not apply to the use of a computer or a telecommunications device to transmit or distribute a photograph or other depiction involving sexual intercourse, deviate sexual intercourse, sadism, masochism or masturbation. This Section does not prohibit a person guilty under this Section to be charged with other chargeable criminal sex offenses under Guam law.

Puerto Rico

33 L.P.R.A. §4782

“Child pornography” means any representation of sexually explicit behavior, any act of masturbation, sadomasochistic abuse, real or simulated sexual relations, deviate sexual relations, bestiality, homosexuality, lesbianism, acts of sodomy or the exhibition of genitalia performed by persons under 18.

Any person who knowingly engages in the production or exhibition of a show that contains obscene conduct in the presence of a minor shall incur a fourth degree felony.

Any person who knowingly promotes, allows, participates in or directly contributes to the creation or production of child pornography material or shows shall incur a third degree felony.

Any person who knowingly owns or circulates child pornography material or shows shall incur a third degree felony.

Any person who uses a minor or induces a minor into posing modeling or incur sexual conduct with the purpose of preparing child pornography material shall incur a third degree felony.

Any person who knowingly distributes any child pornography material through a computer or any other electronic means or communications media shall incur a misdemeanor.

Any person who intentionally transmits by means of computer, makes or reproduces by means of computer; or buys, sells or exchanges any notice, statement for the purpose of offering or soliciting sexual conduct of or with a minor or the visual depiction of such conduct. A person who violates this shall be punished by a fine of not more than $10,000, or by imprisonment for 1 to 20 years, or by both.

“Sexual behavior” means: A. Patently offensive representations or descriptions of consummated sexual acts, whether normal or perverted, actual or simulated, including sexual relations, sodomy and bestiality, or

B. patently offensive representations or descriptions of masturbation, oral copulation, sexual sadism, sexual masochism, lewd exhibition of the genitalia, stimulation of human genitalia with objects designed for such purposes, or scatological functions, even if such conduct is performed individually or between members of the same sex or of the opposite sex or between humans and animals.

“Harmful to minors” means any material that explicitly describes the nudity of the human body, manifestations of sexual conduct or sexual excitement, or of such a nature that, upon considering them in whole or in part of their context:

(1) It appeals predominantly to prurient, shameful or morbid interest in minors;

(2) it is patently offensive according to the contemporary adult community criteria, with regard to the best interest of minors, and

(3) It lacks any serious social value for minors.

Virgin Islands

“Minor” means any person under the age of 18.

It is unlawful for any person to:

A. Knowingly use a minor to engage in any sexually explicit conduct for the purpose of producing any visual medium depicting such conduct.

B. Knowingly permit one's child to engage in sexually explicit conduct for the purpose of producing any visual medium depicting such conduct.

C. Knowingly use any minor to engage in sexually explicit conduct for the purpose of any performance or to engage in sexual conduct that is calculated to promote the violation of the law and the general corruption of morals.

D. Knowingly permit one's child to engage in or assist any other person to engage in sexually explicit conduct that is calculated to promote the violation of the law and the general corruption of morals

E. Knowingly create, publish, distribute or possess with intent to sell or distribute any visual medium that depicts a minor engaged in any sexually explicit conduct.

F. Knowingly sell any information which provides information as to where any visual medium depicting a minor engaged in sexually explicit conduct can be found or purchased.

G. Knowingly bring into the Virgin Islands any material that depicts a minor engaged in any sexually explicit conduct.

A person who violates this section is guilty of a felony punishable by imprisonment for 5 to 20 years and a fine of not more than $100,000.

“Sexually explicit conduct” means actual or simulated:

A. Sexual intercourse;

B. Deviate sexual activity;

C. Bestiality;

D. Masturbation;

E. Sadomasochistic abuse for the purpose of sexual stimulation; or

F. Lewd exhibition of the: 1. Genitals or pubic area of any person; 2. Breast of a female; or 3. Buttocks of a minor.