When Does Sexting Become a Crime in California?

Overview of Sexting Laws in California

“Sexting” generally refers to sending or receiving sexually explicit photos, videos, or messages through electronic communication such as text messages, email, social media, messaging apps, or webcams.

When Does Sexting Become a Crime in California?

Sexting between consenting adults is legal in California. However, sexting can become a serious criminal offense when a minor is involved or when the content qualifies as child pornography or harassment under state or federal law.

California does not have a single statute that specifically criminalizes sexting.

Instead, prosecutors typically file charges under other criminal statutes such as child pornography laws, sending harmful material to a minor, stalking, or harassment.

If you are accused of illegal sexting, the charges and penalties you face will depend on factors such as:

The age of the people involved
The type of images or messages sent
Whether the images were saved, shared, or distributed
Whether there was intent to seduce or harass someone

Your best hope for a favorable outcome in any type of sexually-related case is with an experienced California criminal defense attorney at Esfandi Law Group. To schedule a free consultation, call (310) 274-6529 or contact us here.

When Sexting Becomes Illegal

Sexting can become illegal in California under several circumstances.

Examples include situations where:

An adult sends sexually explicit images or messages to a minor
Someone saves or distributes sexually explicit images of a minor
Explicit messages are sent to harass or threaten another person
A person attempts to persuade a minor to create sexual images

When these circumstances occur, prosecutors may charge the offense under California criminal statutes related to child pornography, harmful material to minors, stalking, or harassment.

In California, sexual consent is a clear, voluntary, and ongoing agreement to engage in sexual activity.

Sending Harmful Material to a Minor – Penal Code 288.2 PC

California Penal Code 288.2 PC makes it illegal to send harmful material to a minor with the intent to sexually arouse or seduce them.

“Harmful material” may include sexually explicit:

Photographs
Videos
Messages
Electronic communications

To secure a conviction under Penal Code 288.2, prosecutors must prove:

The defendant sent harmful material to someone under 18
The defendant knew the person was a minor
The defendant intended to sexually arouse, appeal to, or seduce the minor

Examples of conduct that may violate this law include:

Sending a nude photograph to a minor
Sending sexually explicit messages to a minor
Sending pornographic videos to a minor

Penalties for Penal Code 288.2

Sending harmful material to a minor is considered a wobbler offense, meaning it may be charged as a misdemeanor or felony.

Possible penalties include:

Misdemeanor penalties

Up to 1 year in county jail
A fine up to $1,000

Felony penalties

2, 3, or 5 years in state prison
A fine up to $10,000
Possible sex offender registration

Child Pornography – Penal Code 311 PC

Sexting can also lead to criminal charges under California's child pornography laws.

Under Penal Code 311 PC, it is illegal to knowingly possess, distribute, develop, duplicate, or exchange material depicting a minor engaged in sexual conduct.

Child pornography includes images or videos showing someone under 18:

Engaging in sexual acts
Exposing genitals for sexual gratification
Participating in sexually explicit conduct

California Penal Code 311 PC makes it illegal to possess child porn or transport material that depicts a minor under the age of 18 engaging in sexual conduct. Even saving an explicit image of a minor received through sexting may lead to criminal charges.

Penalties for Child Pornography

Child pornography offenses are also considered wobblers.

Possible penalties include:

Misdemeanor penalties

Up to 1 year in county jail
A fine of up to $1,000

Felony penalties

Up to 5 years in state prison
Fines of up to $100,000 per offense

In many cases, a conviction may also require sex offender registration.

Federal Sexting and Child Exploitation Laws

In some cases, sexting-related offenses may be prosecuted under federal law.

Federal child pornography laws include:

18 U.S.C. § 2252 – possession or distribution of child pornography
18 U.S.C. § 2251 – sexual exploitation of a minor

Federal penalties are often significantly more severe and may involve lengthy prison sentences.

Sexting as Harassment or Stalking

Sexting can also become illegal if sexually explicit messages are sent to harass, threaten, or intimidate someone.

Annoying or Harassing Messages – Penal Code 653m PC

California Penal Code 653m PC makes it illegal to send obscene or threatening electronic messages with the intent to annoy or harass another person.

This statute applies to:

Text messages
Emails
Social media messages
Phone messages

A conviction may result in:

Up to 6 months in county jail
A fine of up to $1,000

Stalking – Penal Code 646.9 PC

Sexting may also lead to stalking charges if the messages are intended to threaten or repeatedly harass someone.

Stalking occurs when someone:

Repeatedly harasses another person
Makes credible threats
Causes the victim to fear for their safety

Stalking is a wobbler offense that can be charged as a misdemeanor or felony.

Felony stalking charges may result in up to 5 years in prison.

Sex Offender Registration

Many sexting-related convictions require registration as a sex offender under California Penal Code 290 PC.

California now uses a three-tier sex offender registration system:

Tier 1

Registration typically lasts 10 years and applies to lower-level offenses.

Tier 2

Registration may last 20 years for more serious offenses involving minors.

Tier 3

Registration is lifetime and applies to the most serious sex crimes.

The court determines the tier level based on the specific offense and circumstances of the case. Penal Code 290 covers the offense of failure to register.

Related California Sex Crimes

Several other criminal statutes may be related to sexting offenses.

Penal Code 288 – Lewd Acts With a Minor

Touching a child under 14 for sexual purposes.

Penal Code 288.3 – Contacting a Minor to Commit a Felony

Contacting a minor with the intent to commit a sexual offense.

Penal Code 288.4 – Arranging a Meeting With a Minor

Arranging a meeting with a minor for lewd purposes.

Penal Code 647.6 – Annoying or Molesting a Child

Engaging in conduct motivated by sexual interest in a minor.

Frequently Asked Questions

Is sexting illegal in California?

Sexting between consenting adults is legal. However, sexting becomes illegal when a minor is involved or when the conduct violates child pornography or harassment laws.

Can teenagers get in trouble for sexting?

Yes. Even when both participants are minors, sharing sexually explicit images may violate child pornography laws.

Can someone be charged for receiving a sext from a minor?

Yes. Saving or distributing explicit images of a minor may lead to criminal charges under child pornography laws.

Does sexting require sex offender registration?

Some sexting-related convictions require sex offender registration, particularly when minors are involved.

Defenses to Sexting Charges

An experienced criminal defense attorney may raise several legal defenses depending on the facts of the case.

Lack of Knowledge of the Minor's Age

Prosecutors must prove the defendant knew the person involved was a minor.

Lack of Intent

Many sexting-related crimes require proof that the defendant intended to arouse or seduce the minor.

False Allegations

Some cases arise from misunderstandings or false accusations.

Illegal Search or Seizure

Evidence obtained from phones or other electronic devices may be challenged if law enforcement violated constitutional search-and-seizure laws.

Esfandi Law Group is here to help. Schedule your free consultation at (310) 274-6529 or use the contact form here.

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