What Is Sexting?
Sexting refers to the act of sending sexually explicit messages, images, or videos via electronic means, typically involving mobile phones or the internet. This can include a wide range of content, from suggestive text messages to explicit photos or videos.
While sexting is often seen as a private matter between consenting parties, it can have serious legal consequences under certain circumstances. Below, we discuss in what instances sexting can be illegal.
Massachusetts Pornography Laws: When Is Sexting a Crime?
To date, Massachusetts does not have specific laws addressing sexting. However, a person can commit several offenses when sexting, especially if the other party involved is a minor.
Some of the laws/crimes applicable to sexting include:
- Child pornography charges (Mass. Gen. Laws Ch. 272, § 29B and § 29C). These laws prohibit the creation, distribution, or possession of sexually explicit images of minors, even if the minor is the one creating or sending the image. In the context of sexting, if a minor sends a nude or sexually explicit photo of themselves to another person, they could be considered to be producing child pornography. Similarly, the recipient could be charged with possession of child pornography, even if they are also a minor. These laws can apply regardless of whether the sexting was consensual or not.
- Dissemination of harmful matter to minors (Mass. Gen. Laws Ch. 272, § 28). This law makes it illegal to distribute material deemed harmful to minors, which can include sexually explicit content. In sexting scenarios, an adult sending sexually explicit messages or images to a minor could be charged under this law. Even if both parties are minors, the sender could potentially face charges if they are distributing content considered harmful to the recipient.
- Criminal harassment (Mass. Gen. Laws Ch. 265, § 43A). While not specifically designed for sexting, this law could apply if sexting involves repeated unwanted messages that cause substantial emotional distress. For instance, if someone repeatedly sends unwanted sexually explicit messages or images to another person despite being told to stop, they could be charged with criminal harassment. This law requires a pattern of conduct, so a single instance of unwanted sexting typically wouldn't qualify.
- Stalking (Mass. Gen. Laws Ch. 265, § 43). Similar to criminal harassment, stalking laws might be applicable in cases of persistent, unwanted sexting, especially if the messages cause the recipient to fear for their safety. For sexting to fall under stalking laws, there would likely need to be a pattern of behavior that goes beyond just sending explicit messages, such as threats or attempts to monitor or control the victim. If sexting is part of a larger pattern of obsessive or threatening behavior, it could contribute to a stalking charge.
- Revenge porn. Earlier this year, Governor Healey signed an act into law that prohibits image-based sexual assault, commonly referred to as revenge porn, which occurs when a person shares intimate images of another person without their consent. In the context of sexting, if someone shares intimate images or videos they received consensually with others without permission, they could be violating revenge porn laws.
- Annoying and accosting a person of the opposite sex (Mass. Gen. Laws Ch. 272, § 53). This law could potentially apply to unwanted sexting in some cases. If someone persistently sends unwanted sexually explicit messages to another person, it could be considered annoying or accosting behavior. However, the application of this law to sexting cases might be limited, and more specific laws, like those addressing harassment, are more likely to be used in such situations.
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