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On Oct. 14, 2010, Pinkston presented a delivery notice at the Warrensburg Post Office to pick up the package. When he drove away from the post office with the encrypted DVD containing a child pornography video, he was stopped by police officers and arrested.

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Some states have adopted laws that prescribe penalties aimed specifically at teenagers or adolescents who send such images. These laws make the penalties for teen sexting less severe than if an adult would send similar photos to an underage person. But not all states have adopted such measures. In these states, teens and adults alike can face serious charges (often felonies) for child pornography or unlawful dissemination of harmful materials to minors.

If, for example, a teen receives an explicit or pornographic image from someone else, the teen hasn't violated a sexting law unless the teen chooses to keep the image. It may also be enough to avoid a sexting conviction if the person receiving the message tried to delete it but was unable to. For instance, it's a complete defense in Texas if a teen receives an unsolicited sext and destroys the image within a reasonable time.

In some states, especially those that do not have specific sexting laws, anyone who creates, possesses, or distributes nude or explicit photos of a juvenile can be charged with child pornography or related crimes, such as the sexual exploitation of a minor. Child pornography charges can arise whenever a person sends or receives explicit images of a person under the age of 18. But it isn't just adults who send or receive such images who can be charged with these crimes. Teens who send pictures of themselves to adults can face child pornography charges.

Depending on the circumstances, sexting can also be a crime under federal law. The PROTECT Act makes it illegal to use a computer to send or receive child pornography or any obscene depiction or actual image of a minor engaged in sexually explicit conduct. (18 U.S.C. 1466A, 2252, 2252A (2022).)

Because teen sexting can involve juvenile courts (teens and minors younger than 18) or adult courts (teens who are 18 and 19) and cover various criminal laws, there is a wide range of potential penalties that may apply. In states that have specific laws that target sexting, the crime is typically either a misdemeanor or petty offense. However, in other states, a sexting offense may be considered child pornography, an offense that is typically charged as a felony and one that has much harsher penalties. 041b061a72