By LawInspectsIf both parties are consenting adults, then it is NOT illegal to send nudes, which people also refer to as sexting these days. But there are some instances where it can very well become illegal, and you should know about that. Just keep on reading.
Teens and Nudes: Huge Legal Risks
Anyone under 18 years of age risks getting into trouble for sending or receiving explicit photos. This act is mostly deemed illegal. Whatever may be the case with the other person, an in-law, it is still deemed child pornography by U.S. laws if the sexual image is of a person under 18, even if it is a selfie.
In different states, there are laws that are more accommodating to the minor, whereby the crime is categorized as a misdemeanor. Some full-blown felony paths are taken. In other places, merely having on your phone an image of a nude of someone under 18 can lead to serious charges, even if the person under 18 is the one who sent it to you.
Depending on the state, how the situation presented itself, and how bad it was, some teens simply might get counseling rather than spending time in jail. No such guarantees. The safest option? Never send, retain, or share anything explicit if you or the other person is under 18. Period.
Sexting as an Adult: When It Crosses the Line
By definition, a person 18 years or older engaging in any sexting activity alongside another adult is perfectly legal, provided it’s consensual. That means it has to be agreed upon by both sides, no one made any threats, strong-arm tactics to force a person, or deceived the person into it.
But here’s when it becomes illegal:
- If an adult sends or receives nude images of a minor, no matter how small the age gap, that is child pornography right there.
- Soliciting a minor to send a nude, even one time, can be child enticement.
- Sending your own nude to a minor without being asked can possibly constitute a crime in many states, no two ways about that.
- Sending nudes to anyone, even other adults, without their consent or continuing to do so after they say stop, is grounds for harassment or stalking charges.
Revenge Porn: Sharing Without Consent
It is considered revenge or vengeful pornography when couples share private pictures, and the other person goes ahead and posts them for the whole world to see, after a breakup or just to be mean. Such acts have in many states been crimes against the individual.
Even if you willingly sent the photo, it does not give that person the right to distribute it. As per federal law, you may sue whichever party discloses it without your consent. A court may issue an order for the offender to take down the photograph, halt the sharing of it, and maintain the privacy of your name during the proceedings.
And if they knowingly shared your image without your consent, they might well have to pay damages; in some cases, this might amount to as much as $150,000 plus attorney’s fees.
What If You Get Caught? Here’s What Happens
Being caught in any act of sexting-related violations brings huge penalties. And all this becomes even more serious when there is a minor involved, and that’s because then it is considered as a child pornography crime, even prison terms, and registration as a sex offender for years to life.
Unsolicited sending of nudes to an adult may attract harassment charges. Sharing a private image of somebody without their consent may result in criminal and civil penalties, jail, and perhaps a civil suit for damages.
The bottom line is this stuff is taken seriously. What begins as a private photo or passing message, before one knows it can easily turn into a legal nightmare.