Sexting is the shortened term for sex texting and involves sending sexually explicit messages or photos by text message or other electronic messaging system. Although sending sexually explicit messages or photos is generally legal between consenting adults (retransmitting them to others is not) it is a crime for adults or minors (under the age of 18, for example) to send indecent visual depictions (photos, videos, images) of themselves or others to minors. And it is a crime for minors to send indecent visual depictions of themselves to adults or to other minors.
These laws vary from state to state and violations may be prosecuted under statutes regarding the sending of obscene material to seduce a minor; distribution of harmful materials to a minor; distributing or displaying harmful or prurient material to a minor; child pornography laws; cyberstalking; revenge pornography; and harassment. Such laws may be prosecuted as a misdemeanor or as a felony, depending on the state and the specific circumstances of the alleged violation. Violations of these laws have serious consequences for adults and for minors, including potential jail or prison time and required registration as a sex offender.
Criminal offenses related to sexting are generally located in a state’s statutes—often in the penal or criminal code.
In Texas, sexting laws primarily address the behavior of minors. Under Texas law, it is illegal for anyone, adult or minor, to send sexually explicit images or messages to a minor. It is also illegal for minors to send such material to adults or to other minors. These actions can be prosecuted under various statutes, such as those related to the distribution of harmful material to minors, child pornography, and cyberstalking. The Texas Penal Code specifically addresses sexting among minors in Section 43.261, which provides a legal framework for dealing with minors who engage in sexting. Depending on the circumstances, such as the age of the individuals involved and the nature of the images, the offense can be treated as a misdemeanor or a felony. Convictions can lead to severe penalties, including incarceration and mandatory registration as a sex offender. It's important to note that while sexting between consenting adults is generally legal, redistributing explicit images without consent may fall under 'revenge pornography' laws and can be prosecuted as well.
