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Sexting Statutes and Legislation PDF Print E-mail
Thursday, 25 August 2011 14:36

State Sexting Laws


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.

THE FINE PRINT: The contents of this page and of this Web site are offered for informational and research purposes only, and do not constitute legal advice. If you are concerned that any of these laws may apply to you, a family member, or a friend, you are urged to consult with an attorney licensed to practice in your jurisdiction to determine the current state of the law. While every effort has been made to keep this list of statutes current, PLEASE consult with an attorney before taking any action based on the information you read here.

StateStatute(s)Comments / Legislative Developments
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
Colorado In 2009, Colorado addressed the issue of sexting by amending Section 18-3-405.4 of the state's criminal statutes.
Connecticut In 2010, Connecticut adopted Section 53a-196h to address the issue of sexting.
Delaware
District of Columbia
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
Guam In 2011, Guam addressed the issue of sexting by adopting 9 GCA § 28.100 and 9 GCA § 28.101.
Hawaii
Idaho
Illinois In 2010, Illinois adopted 705 ILCS 405/3-40 to address the issue of sexting.
Indiana
Iowa
Kansas
Kentucky
Louisiana In 2010, Louisiana adopted Section 81.1.1 to address the issue of sexting.
Maine
Maryland
Massachusetts
Michigan
Minnesota
Mississippi
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).
Montana
Nebraska In 2009, Nebraska addressed the sexting issue by amending Section 28-813.01.
Nevada In 2011, Nevada adopted Section [currently undesignated] to address the issue of sexting.
New Hampshire
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.
New Mexico
New York
North Carolina
North Dakota In 2011, North Dakota adopted a bill to address sexting by adopting Section 12.1-27.1-03.3
Ohio
Oklahoma
Oregon
Pennsylvania
Rhode Island In 2011, Rhode Island adopted a bill to address sexting by adding Section 11-9-1.4 to the state statutes.
South Carolina
South Dakota
Tennessee
Texas In 2011, Texas adopted Penal Code Section 43-261 to address the issue of sexting.
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).
Vermont Vermont addressed the sexting issue in 2009 by adopting Section 2802b (minor electronically disseminating indecent material to another person).
Virginia
Washington
West Virginia
Wisconsin
Wyoming
 

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