Article Figures & Data
Tables
State Year Enacted Content of Statutes Arkansas9 2013 Establishes an affirmative defense if the visual depiction was not solicited, was not distributed, and was deleted. Also establishes an affirmative defense if a minor creates a self-image and does not distribute it. Establishes possession of the material by a minor as a Class A misdemeanor punishable by 8 hours of community service if it is the first offense. Georgia10 2013 Establishes sexting as a misdemeanor for both minors if they are at least 14 but less than 18 years old, and if the sexually explicit photograph was willingly created and sent or received. This statute applies only if the purpose of distributing the image was not to harass, intimidate, or embarrass the minor depicted or for any commercial purpose. West Virginia11 2013 Establishes sexting as a delinquent offense and establishes a diversion program that can be used as a informal resolution in lieu of charges being filed or as a requirement before adjudication. Allows the court discretion as to whether to require sex offender registration. Hawaii12 2012 Continues to prohibit creation, transmission, or possession of a sexual image of a minor. Establishes an affirmative defense if efforts were made to destroy a sexual image after it was received. New York13 2012 Allows consideration of dismissal of charges if an educational reform program is completed. New Jersey14 2011 Creates diversion program for juveniles who are criminally charged with sexting. Rhode Island15 2011 Prohibits sexting by minors and provides that any violation of this act is deemed to be a status offense and shall be referred to the family court. Texas16 2011 Creates educational programs concerning the prevention and awareness of sexting. Arizona17 2010 Establishes sexting as a Class 2 misdemeanor. Illinois18 2010 Orders minors involved in sexting to obtain counseling or other supportive services and to perform community service.
