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 Illinois, sexting laws primarily address the transmission of sexually explicit images by minors, which is considered a form of child pornography when it involves individuals under the age of 18. Under Illinois law, it is illegal for anyone, adult or minor, to send indecent visual depictions of a minor, including themselves, to anyone else, whether they are adults or minors. This can be prosecuted under various statutes, such as those related to child pornography, obscenity, and sexual exploitation of a child. The consequences of sexting can range from misdemeanor to felony charges, depending on the nature of the offense and the ages of the individuals involved. For adults, sending explicit images to minors, or possessing images sent by minors, can result in severe penalties, including imprisonment and mandatory registration as a sex offender. For minors, engaging in sexting can lead to juvenile delinquency charges, and in some cases, they may be subject to educational or diversion programs aimed at addressing the behavior. It's important to note that even consensual sexting between minors can lead to legal consequences in Illinois.