Is Sending Nudes Illegal? When Sexting Is a Crime in Pennsylvania

TL;DR of Sexting in Pennsylvania

• Sexting, involving sending explicit images via text or social media, is generally legal for adults but becomes illegal when minors are involved or images are shared without consent.
• Pennsylvania law prohibits minors (12-17 years old) from sending, possessing, or sharing sexually explicit images, even if the exchange is consensual.
• Sexting among minors is criminalized, regardless of age proximity or consent, with strict laws against both sending and receiving explicit images.
• Adults can face charges for sexting-related crimes, including harassment, possession of child pornography, or interstate transmission of explicit images.
• Even minors can face severe consequences for sharing explicit images, as federal law treats such actions as child pornography.

Sexting, sending a nude or sexually explicit image by text or direct message, is common. Is sending nudes illegal? Between consenting adults, no. It becomes a crime in Pennsylvania when a minor is involved or when an image is shared without the consent of the person in it.

If you or your child is facing sexting-related charges, talk to a lawyer first. The Pittsburgh sex crimes lawyers at Worgul, Sarna & Ness, Criminal Defense Attorneys, LLC can evaluate your case and protect your rights. Call (412) 281-2146 for a free consultation today.

Pennsylvania Sexting Laws

In 2012, Pennsylvania legislators passed laws prohibiting minors from sending or possessing sexually explicit images of themselves or others. Under this law, it is illegal to:

• Send, share, or distribute nude images of anyone between the ages of 12 and 17 via text, social media, or other digital platforms.
• Possess sexually explicit images of a minor, even if the image was willingly sent by the person in the photo.

This means that both sending and receiving explicit images involving minors is a criminal offense, regardless of whether the exchange was consensual.

Is Sexting Illegal Between Minors in Pennsylvania?

Sexting can be a crime in Pennsylvania under various circumstances. The law is particularly strict when it involves minors or intent to harm.

Many people assume sexting is only illegal when it involves an adult and a much younger teen. Still, Pennsylvania’s sexting law criminalizes sexting among minors, even if both participants are close in age and consent to the exchange.

The Role of Age in Pennsylvania Sexting Laws

Pennsylvania’s age of consent laws do not apply to sexting offenses. Even though a 17-year-old can legally consent to sex, they cannot legally send or receive sexually explicit images.

Possession of sexually explicit photos of anyone under 18 is also a crime nationwide, even in states where 17-year-olds are considered legal adults for other purposes. This means that sexting laws apply regardless of state-specific age of consent rules.

Can Adults Be Charged With a Sexting Crime?

Sexting is not just a crime among minors. Adults can also face charges under certain circumstances, including:

• Sending unsolicited, sexually explicit images and continuing after being asked to stop: this may be charged as harassment.
• Possessing or sharing explicit images of a minor: this is considered child pornography, which is a serious offense under both Pennsylvania and federal law.
• Interstate transmission of sexually explicit images: sexting across state lines could result in federal charges.

Because federal law prohibits minors from creating or distributing sexually explicit photos, even minors can face serious legal consequences if they share such images.

Penalties for Sexting Offenses in Pennsylvania

When both people are minors, Pennsylvania’s sexting law (18 Pa.C.S. § 6321) grades the offense from a summary offense up to a misdemeanor, depending on the conduct. Most of these cases go to juvenile court, and diversion programs are often available. Completing one can keep the charge off your child’s record. Our page on what to do if your child is accused explains the next steps.

Adult cases involving a minor are far more serious. An adult who possesses, sends, or shares a sexual image of someone under 18 is charged under the child pornography laws, and a conviction can mean prison time and registration under Megan’s Law.

Sharing Someone’s Nudes Without Consent

Consent to receive an image is not consent to share it. Pennsylvania’s unlawful dissemination of intimate image law (18 Pa.C.S. § 3131), commonly called the revenge porn law, applies to adults who share a nude or sexual image of a current or former partner without permission, intending to harass, annoy, or alarm them.

Between minors, the sexting law applies instead. Our page on Pennsylvania’s revenge porn law has more detail.

Defenses to Sexting Charges

Defenses our attorneys look at include:

• Age and consent facts. The ages of everyone involved, and whether the image was wanted, decide which law applies, if any.
• Lack of knowledge of the image. Possession has to be knowing. An unasked-for image that was never opened is not the same as keeping it.
• Lack of intent to distribute. Keeping an image is graded differently from sending it on, and any intent to distribute has to be proved.
• Unlawful search of the phone. Police generally need a warrant or consent to search a phone, and evidence from an unlawful search can be suppressed.
• Identity of the sender. A phone number or account does not prove who was holding the device.

Do not delete anything or explain the images to anyone before talking with a sexting defense lawyer.

Frequently Asked Questions About Sexting in Pennsylvania

Is it illegal to send nudes if you are under 18 in PA?

Yes. A minor who sends a sexual image of themselves, or keeps or shares one of another minor, can be charged even if everyone agreed. Most cases go to juvenile court.

Is it illegal to send nudes to a minor?

Yes. An adult who sends a sexual image to someone under 18 can be charged with offenses such as corruption of minors, even if the minor asked for it.

Can adults get in trouble for sexting in Pennsylvania?

Consensual sexting between adults is legal. Charges are possible when the other person is a minor, when an image is shared without consent, or when unwanted images continue after a request to stop.

What happens if someone shares my nudes without permission?

If a current or former partner shared it to harass you, they can be charged under Pennsylvania’s revenge porn law. If you are the one accused, talk to a defense lawyer before you respond.

Facing Sexting Charges? Contact Worgul, Sarna & Ness

A sexting charge, especially one involving a minor, can carry harsh penalties, including jail time, hefty fines, and mandatory sex offender registration. A conviction can permanently impact your reputation, career, and future opportunities.

Don’t let a misunderstanding or a private conversation lead to life-altering consequences. With a strong legal defense, it may be possible to reduce or dismiss the charges against you.

Contact Worgul, Sarna & Ness, Criminal Defense Attorneys, LLC today at (412) 281-2146 for a free consultation, or send us a message. Our experienced Pittsburgh sex crimes lawyers are ready to fight for your rights and safeguard your future.