"Sexting" is a broad term for sending sexually explicit messages, photos, or videos electronically, most often between phones or apps. It covers a wide range of situations — a private exchange between two consenting adults, a message between two teenagers who are dating, an unsolicited image sent to someone who didn't ask for it, or an image obtained through pressure, coercion, or blackmail. Those situations look similar on the surface but are treated very differently under the law, which is why the first step in any real response is figuring out which category you're actually dealing with.

Why "sexting" and "child sexual abuse material" aren't interchangeable terms

When a minor is involved — anyone under 18 — the legal system doesn't use "sexting" as a formal category. Under federal law and in every state, a sexual image of a minor can legally qualify as child sexual abuse material (CSAM), regardless of who created it, who sent it, or whether it was "consensual" between two teenagers. That single fact surprises a lot of parents, because it means two 16-year-olds exchanging images with each other can, in a strict legal sense, both be in possession of and distributing CSAM — even though prosecutors in most jurisdictions treat peer-to-peer teen sexting very differently from adult exploitation of a minor.

This is exactly why many states have created separate, lower-level categories — often called "sexting laws," diversion programs, or juvenile-specific statutes — specifically so that two teenagers in a consensual relationship aren't automatically charged under the same felony statutes designed for adult predators. The existence and details of these carve-outs vary enormously by state, which is covered on our state laws page.

The single most important legal fact to understand: the presence of even one adult (18 or older) in the exchange changes everything. An adult soliciting, receiving, or possessing a sexual image of anyone under 18 is handled under a completely different and much more serious set of laws than peer sexting between minors of similar age.

The four situations we see most often

1. Peer sexting between minors of similar age

Two teenagers, both under 18, exchange images consensually. This is the situation most likely to be handled through education, diversion programs, or juvenile court rather than felony prosecution — but it still carries real legal exposure and real emotional and social risk (screenshots, forwarding, school discipline).

2. Non-consensual sharing ("revenge porn" / NCII)

An image that was originally shared privately gets forwarded, posted, or circulated without the subject's consent. Most states now have specific non-consensual intimate image (NCII) laws covering this, separate from CSAM statutes, and platforms are required under the federal TAKE IT DOWN Act (signed May 2025) to remove reported explicit images of minors within 48 hours of a valid request.

3. Sextortion

Someone — often a stranger posing as a peer — pressures or blackmails a minor into sending images, then threatens to share them unless the victim pays money, sends more images, or complies with other demands. This is one of the fastest-growing categories reported to NCMEC and is treated as a serious federal crime. It is never the victim's fault, and paying or complying with demands almost always leads to escalation rather than resolution.

4. Adult involvement

Any case where a person 18 or older is soliciting, receiving, or in possession of a sexual image of a minor. This shifts a situation from state-level, education-oriented handling into serious federal territory, regardless of what the adult claims their intent was.

Why this distinction matters for what you do next

Every recommended action on this site — whether to preserve evidence, when to involve law enforcement immediately versus consulting a school counselor first, whether NCMEC's CyberTipline is the right first call — depends heavily on which of these four categories applies. That's the reason our action-plan tool asks who else was involved before generating recommendations: a peer situation and a sextortion case from an unknown adult require genuinely different first steps, and treating them the same can waste critical time.

What to do if you're not sure which category applies

Sources: National Center for Missing & Exploited Children (NCMEC), FBI Internet Crime Complaint Center (IC3), Cyberbullying Research Center. This page is general educational information and not a substitute for advice from a licensed attorney familiar with your state's current law.