In Texas, for example, the boyfriend would be charged with an expungable misdemeanor if under eighteen but a felony if eighteen or older. In some states, the crime may be more serious if the boyfriend is eighteen or older. If the boyfriend saves the image on his phone, he can be charged with possession of child pornography, even though his girlfriend took the picture just for him. Imagine a case of a sixteen-year-old girl who sends her sixteen-year-old boyfriend a nude selfie. Sexting can violate child pornography laws if it involves images of a minor. Research your state laws or consult a lawyer if you plan to engage in conduct that you fear might be illegal. This guide is NOT intended as legal advice. It is important to note that sexting laws vary tremendously across the fifty states sexting can lead to felony charges and appearance on sex offender lists. However, if one or both parties involved in sexting is a minor, sexting can violate the law. No legal problems arise when adults consensually sext each other. Sexting: the exchange of personal nude photos or videos via digital means.
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