How Much Trouble Could My Teen Be in for Sexting?

 Posted on March 21, 2025 in Juvenile Law

When nude photos are exchanged via digital media (text, email, messenger apps), it is known as "sexting." If both parties to the exchange are legally adults, and it is consensual, then there is no crime. Teens who engage in sexting may not think they are doing anything that could result in criminal charges, but this is not the case.

If one or both parties involved in the sexting are minors, there could be juvenile criminal prosecution. Parents who find their teens have either been sending, receiving, or forwarding sexually explicit photos may be dismayed about the behaviors, but the fact that the teen could be criminally charged and prosecuted is even more distressing.

Sexting laws differ substantially from one state to the next. If your teen has been charged with sexting, take these charges very seriously by contacting an experienced Pleasanton, TX criminal defense lawyer. A conviction for sexting can have a wide array of collateral consequences, as well as the immediate threat of loss of freedom.  

What Are the Laws in Texas Regarding Juvenile Sexting?

Sexting involves sharing or receiving sexually explicit messages, images, or videos. Texas has some of the harshest penalties for juvenile sexting – and some of the most confusing and conflicting. The state’s age of consent is 17 (which means a 17-year-old can have a consensual sexual relationship with an older individual). Because Texas also implements Romeo and Juliet laws, some teens may be given a break for sexting if the material only shows the teen (sender) or another minor who is not more than two years older or younger than the teen and whom the teen is dating.

If this sounds confusing – it is. Under Texas statute 43.261, the sexting laws do not apply to individuals in a dating relationship at the time who are within two years of age of one another. For example, if a 16-year-old girl sends a nude photo to her 18-year-old boyfriend, this is not considered a criminal offense. But if she sends the photo to an 18-year-old who is not her boyfriend or to a person who is 19 or older, it is a criminal offense.  

What Are the Potential Penalties for Sexting?

A minor who illegally sends or forwards sexually explicit photos may be charged with a Class C misdemeanor, which is punishable by a fine as large as $500. If the teen sent the photos with the intention to "harass, abuse, offend, or embarrass" another person, the charges could be increased to a Class B misdemeanor, which is punishable by a $2,000 fine and up to 180 days in jail.

Subsequent sexting offenses can be charged as Class A misdemeanors, punishable by a $4,000 fine and up to one year in jail. There are also collateral consequences for a teen who is convicted of sexting. If jail is a part of the punishment, the teen could spend time behind bars – and not in school – which could completely derail his or her future. Remember that "forwarding" a sexually explicit photo of a minor would be a crime both for the person who forwards it and for the recipients.

Are There Valid Defenses to the Crime of Sexting?

Remember that sexting charges do not automatically mean a conviction. While the defense used by an attorney will depend on the unique facts and circumstances of the case, below are some of the more common defenses used for sexting charges:

•  Only the defendant was shown in the photo.
• The minor depicted was no more than two years older or younger than the defendant, and the two were dating at the time.
• The defendant and the minor were married at the time.
• The defendant did not produce the sexual material.
• The material was destroyed in a "reasonable" time after being sent or received.

Contact an Atascosa County, TX Juvenile Attorney

To avoid these charges altering your teen’s future, contact a knowledgeable Pleasanton, TX juvenile lawyer from BRCK Criminal Defense Attorneys. Every partner in the firm is either a former criminal prosecutor or a judge, which benefits every client. Call 830-769-1010 to schedule your free consultation. Our attorneys speak Spanish.