Can I Go To Jail for Sexting?

March 31, 2025 | Nafiz M. Ahmed

Sexting can have serious legal consequences if it involves a minor or breaks laws about sharing explicit content. Possessing or distributing sexual images of someone under 18 can lead to felony charges.

Some jurisdictions, including California, also punish the creation or exchange of explicit photos among teens, so it’s important to understand the legal rules. If you’re unsure, speak with an attorney to better understand your legal risks and rights.

What Is Sexting?

Sexting means sending or receiving messages, photos, or videos of a sexual nature on a phone or through digital platforms. It can happen between adults, but it can also involve minors.

Consenting adults in a relationship usually view sexting as private, but problems can arise if the material is shared without permission. If you find yourself dealing with criminal charges related to sexting, consider getting legal advice from a criminal defense lawyer right away so you understand your options and responsibilities.

When Is Sexting Illegal?

Sexting can be harmless, but in some cases, it is illegal and can lead to serious criminal charges. Here’s when it becomes a problem:

When Both Parties Are Minors

It may come as a surprise, but in many states, including California, two minors sharing sexual images or messages with each other can still break the law. Even if both teens are the same age or close in age, the simple act of exchanging sexual content can bring serious consequences., like child pornography charges.

When One Person Is a Minor

If one person is under 18 and the other is an adult, sexting becomes even more serious. California law considers it a crime to send sexual content to a minor, regardless of consent. That means even if the minor appears to agree, it doesn’t make it legal.

When Photos of Minors Are Shared

Images of anyone under 18 that show sexual content or nudity often fall under child pornography statutes. Possessing or sending these images can be charged as a felony. This includes selfies taken by minors, even if they willingly share them.

When You Sext To Annoy or Harass the Other Person

Sending sexual messages or images for the purpose of pestering or bothering someone can break harassment laws. If your messages are repeated, unwanted, and cause stress or fear, law enforcement may step in. In California, this can lead to charges like harassment or stalking.

Even if both people are adults, sharing explicit photos or videos of another person without their permission can violate “revenge porn” laws.

If you find yourself facing accusations or charges for sexting, consider speaking with a lawyer right away.

Can You Go To Jail for Sending Pictures of Yourself?

Yes, you can end up in jail for sending pictures of yourself if they are classified as child pornography. This means that if you are under the age of 18 and send explicit photos of yourself, you could face jail time.

In California, this type of charge is a “wobbler,” meaning it can be filed as either a misdemeanor or a felony. A misdemeanor charge may lead to a year in jail and a $1,000 fine, while a felony can carry significantly higher prison sentences and fines. In both situations, registration as a sex offender can also be required.

An Experienced Sex Crimes Attorney Can Help You

Being charged with sexting can have serious consequences, but there are ways to defend yourself. If you face sexting charges, set up a free consultation to speak with a lawyer as soon as possible.

Contact our Sex Crimes Law Firm of Ahmed & Sukaram, Criminal Defense Attorneys Today For Help

For more information please contact our criminal defense law firm of Ahmed & Sukaram, Criminal Defense Attorneys at the nearest location for a free consultation.

Ahmed & Sukaram, Criminal Defense Attorneys – San Jose Office
1625 The Alameda, Suite 405, San Jose, CA 95126
(408) 217-8818

Ahmed & Sukaram, Criminal Defense Attorneys – Redwood City Office
600 Allerton St Suite 201G, Redwood City, CA 94063
(650) 299-0500