This page contains a summary of and links to state laws relating to the crime of sexting.
Each state name is linked to the home page of the legislature for that state. As might be expected, there is wild variation in the information provided by each state and the general useability of the legislative Web sites. To assist visitors to this site, I have provided lists of what I believe to be the relevant statutes, if any, for each state.
| State | Statute(s) | Comments / Legislative Developments |
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| Alabama |
Alabama has not made any changes to its statutes to specifically address the sexting issue. The portions of the Alabama criminal code dealing with child pornography and obscenity may be applicable. |
The Alabama legislature did not consider any sexting-related legislation in the 2011 legislative session. |
| Alaska |
Alaska has not made any changes to its statutes to specifically address the sexting issue. The portions of the Alaska criminal code dealing with child exploitation and child pornography may be applicable. |
The Alaska legislature did not consider any sexting-related legislation in the 2011 legislative session. |
| Arizona |
In 2010, Arizona adopted Section 8-309 to address the issue of sexting. |
Under the terms of the statute, sexting is a "petty offense" unless a child transmits or shows a sexting image to more than one person, or is a repeat offender, in which case it is a "Class 2 misdemeanor." |
| Arkansas |
Arkansas has not made any changes to its statutes to specifically address the sexting issue. The portions of the Arkansas criminal code dealing with child pornography and obscenity may be applicable. |
The Arkansas legislature did not consider any sexting-related legislation in the 2011 legislative session. |
| California |
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| Colorado |
In 2009, Colorado addressed the issue of sexting by amending Section 18-3-405.4 of the state's criminal statutes. |
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| Connecticut |
In 2010, Connecticut adopted Section 53a-196h to address the issue of sexting. |
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| Delaware |
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| District of Columbia |
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| Florida |
In 2011, Florida adopted Section 847.0141 to address the issue of sexting. |
The statute limits "sexting" to the depiction of nudity. A first offense is a non-criminal offense punishable by community service or a $60 fine. Penalties rise for subsequent offenses, or for more serious conduct, including solicitation, distribution, or depiction of sexual activity. |
| Georgia |
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| Guam |
In 2011, Guam addressed the issue of sexting by adopting 9 GCA § 28.100 and 9 GCA § 28.101. |
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| Hawaii |
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| Idaho |
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| Illinois |
In 2010, Illinois adopted 705 ILCS 405/3-40 to address the issue of sexting. |
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| Indiana |
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| Iowa |
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| Kansas |
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| Kentucky |
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| Louisiana |
In 2010, Louisiana adopted Section 81.1.1 to address the issue of sexting. |
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| Maine |
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| Maryland |
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| Massachusetts |
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| Michigan |
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| Minnesota |
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| Mississippi |
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| Missouri |
In 2009, Missouri addressed the issue of sexting by amending Section 573.023 (sexual exploitation of a minor) and Section 589.400 (registration of certain offenders). |
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| Montana |
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| Nebraska |
In 2009, Nebraska addressed the sexting issue by amending Section 28-813.01. |
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| Nevada |
In 2011, Nevada adopted Section [currently undesignated] to address the issue of sexting. |
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| New Hampshire |
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| New Jersey |
In 2011, New Jersey adopted a bill to address sexting by amending Section 2A:4A-71 and creating a diversionary program in Section 2A:4A-71.1. |
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| New Mexico |
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| New York |
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| North Carolina |
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| North Dakota |
In 2011, North Dakota adopted a bill to address sexting by adopting Section 12.1-27.1-03.3 |
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| Ohio |
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| Oklahoma |
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| Oregon |
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| Pennsylvania |
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| Rhode Island |
In 2011, Rhode Island adopted a bill to address sexting by adding Section 11-9-1.4 to the state statutes. |
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| South Carolina |
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| South Dakota |
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| Tennessee |
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| Texas |
In 2011, Texas adopted Penal Code Section 43-261 to address the issue of sexting. |
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| Utah |
In 2009, Utah addressed the issue of sexting by amending Section 76-10-1204 (distributing pornographic material) and Section 76-10-1206 (dealing in material harmful to a minor). |
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| Vermont |
Vermont addressed the sexting issue in 2009 by adopting Section 2802b (minor electronically disseminating indecent material to another person). |
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| Virginia |
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| Washington |
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| West Virginia |
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| Wisconsin |
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| Wyoming |
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