“Sexting,” which generally involves sending sexually explicit content (which can include images) via text or other such electronic means, has grown increasingly common among minors in recent years. Minors who engage in this behavior might not realize they could be breaking the law. For example, in Pennsylvania, a minor can face charges for sending, receiving, publishing, or even possessing sexually explicit images of other minors.

At the LLF Law Firm Criminal Defense Team, representing juveniles throughout the Commonwealth, our attorneys are prepared to defend a minor accused of violating PA’s sexting laws. Learn more about how we may assist with your case by calling our offices at 888-535-3686 or submitting your information via our online contact form.

How Common is Sexting Among Minors?

Various studies have arrived at different conclusions regarding the rate of sexting among minors in the U.S. According to one analysis of the available research, young people may engage in sexting at fairly significant rates. Consider the following:

• Approximately 14.8% of minors report sending sexts
• Approximately 27.4% of minors indicate they’ve received sexts
• About 12.0% of minors admit to forwarding sexts without consent
• Research shows 8.4% of minors have had sexts of theirs forwarded without their consent

The prevalence of digital device ownership and access among minors in the U.S. accounts for these trends. Unfortunately, minors who engage in sexting may be unaware of the legal risks involved in doing so.

What Pennsylvania Law Says About Sexting as a Minor

Pennsylvania law prohibits minors from sending sexts that contain lewd or sexually explicit images. The law says a minor commits a summary offense when they:

• Knowingly engage in sexting that involves sending or publishing electronic communications (such as texts, emails, etc.) containing sexually explicit images of themselves
• Knowingly view or possess sexually explicit images of minors over the age of 12 years

A minor may be guilty of a misdemeanor of the third degree in the Commonwealth if they knowingly send or publish electronic communications containing sexually explicit images of a minor older than 12 years.

The law states a minor commits a misdemeanor of the second degree if they engage in either of the following “with the intent to coerce, intimidate, torment, harass or otherwise cause emotional distress to another minor”:

• Creating a visual depiction of another minor in a nude state without said minor’s consent and knowledge
• Sending or publishing a visual depiction of another minor in a nude state without receiving said minor’s consent and knowledge

Regardless of the specific charge, a minor accused of violating PA’s sexting laws should take the matter seriously. The result of a case could have profound implications for their future.

Possible Defenses in Cases Involving Sexting as a Minor in PA

Various defenses may be available to a minor accused of a sexting crime in Pennsylvania. For example, the law states that a minor who engages in acts that might typically be considered illegal sexting may not face charges if they’re the victim of sexual abuse.

Attorneys with our LLF Law Firm Criminal Defense Team understand the juvenile justice system in Pennsylvania. We’ll gladly review your case, answer your questions, and provide a defense rooted in our familiarity with the applicable laws and statutes. Find out more about how we can help by submitting your information online or calling our offices at 888-535-3686.