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Between consenting adults, the private sharing of nude or suggestive photos is generally not illegal.However, that does not mean that adults can freely engage in sexting.“Given the plethora of screens and uses for those screens that we have now, I think that we have to be a little sanguine about how much we can extrapolate,” he said.
“Can a baby decode the pattern of light and dark on a two-dimensional object as a symbol of Grandma’s face, and perceive that the noise they hear is generated by Grandma talking to them?
In other states, these crimes may be felonies (punishable by one year or more in state prison).
States' requirements on sex offender registration also differ for obscenity convictions.
Similarly, in many states it is also a crime to ask a child under the age of 18 to share a nude photo of him or herself (this is sometimes called child enticement) – even if the child is really a law enforcement officer posing as a child as part of a sting operation.
Time and again, people have been arrested and convicted for sex crimes after they strike up a conversation online with an officer posing as a 15-year-old girl on social media or in a chat room and ask the “girl” to share nude photos of herself.
There are circumstances under which sexting by adults could result in criminal charges.