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 New Mexico, sexting laws primarily address the issue of minors sending or receiving sexually explicit images. It is illegal for adults or minors to send indecent visual depictions of themselves or others to minors, and it is also illegal for minors to send such depictions to adults or to other minors. These activities may fall under various statutes, such as those related to child pornography, distribution of harmful material to minors, and use of a communication device to solicit a child. The consequences of sexting can be severe, potentially including criminal charges that range from misdemeanors to felonies, depending on the circumstances. This could lead to imprisonment, fines, and mandatory registration as a sex offender. It's important for individuals in New Mexico to understand that while sexting between consenting adults is generally legal, any involvement of minors in sexting activities is subject to strict legal prohibitions and significant penalties.