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 Montana, sexting laws prohibit the sending of sexually explicit messages or images to minors, as well as the possession of such materials by minors. Adults who send indecent visual depictions to minors, or minors who send such content to adults or other minors, may be prosecuted under various statutes. These include laws against the distribution of obscene material, distribution of harmful material to minors, child pornography, and other related offenses. Depending on the circumstances, these offenses can be charged as misdemeanors or felonies, with penalties ranging from fines to imprisonment. Additionally, conviction may result in mandatory registration as a sex offender. It is important for individuals in Montana to understand that while sexting between consenting adults is generally legal, any involvement of minors in sexting activities is illegal and carries serious legal consequences.