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By Rebecca PiriusAttorney. Sexting has become especially common among teenagers—many of whom are minors—and can easily be used to bully or harass. States have taken various approaches to address teen sexting.

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Some punish sexting under preexisting laws against child enticement and child pornography, which often result in harsh, felony penalties. Other states have enacted laws addressing sexting between minors with reduced penalties that allow teenagers to avoid a felony conviction and sex offender registration.

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Additionally, some states are addressing cyberbullying and harassment in sexting laws—by imposing tougher penalties if the sender sends an image intending to harass, threaten, or intimidate another. These laws carry felony and aggravated misdemeanor penalties.

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But the laws carve out reduced penalties for certain acts of teen sexting as discussed below. For ease of understanding, this article refers to acts committed by teenagers, but the age can be lower.

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Sexually explicit images include those depicting sexual intercourse, sexual acts, or lewd exhibition of the genitals or pubic area. Sexting images of minors falls under this law whether the actor is the sender or receiver of the image. Sexual exploitation of children is a felony offense if committed by an adult older than Teenagers age 18 and younger also face felony penalties for sexting if the conduct involved falls outside the misdemeanor exception below.

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Georgia law carves out a misdemeanor penalty for certain acts of teen sexting. Misdemeanor penalties apply only if:. This law makes it a crime to intentionally possess, transmit, or receive an image of younger than 16 engaged in sexually explicit conduct. An adult older than 18 who commits a crime of computer or electronic child pornography faces felony penalties. Teenagers age 18 and younger can also be charged with a felony if the conduct involved does not fall within the misdemeanor exception below.

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The law allows a reduced misdemeanor penalty for certain acts of teen sexting. If the defendant distributed the image to another person, the court, prosecutor, and defense can agree to a misdemeanor penalty so long as the defendant did not act to harass, intimidate, or embarrass, or to make a profit.

Georgia’s sexting laws

Sexting obscene images to a minor younger than 18 also constitutes a crime. Electronically providing obscene materials to a minor is a misdemeanor of a high and aggravated nature. The crime is reduced to a misdemeanor when committed by a teenager age 18 or younger if:. Sex offender registration requirements apply to individuals convicted in adult court for any of the above crimes, unless the conviction is a misdemeanor.

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Registration is not required for individuals tried in juvenile court. Sexting cases involving offenders younger than 17 may be handled in juvenile court rather than adult court. In juvenile court, judges can often exercise greater discretion in sentencing, including ordering treatment, curfews, monitoring, and community service.

For minors age 15 or older and charged with a felony, the juvenile court can transfer the case to adult court. If charged in adult court, the minor faces adult penalties, including prison time and sex offender registration.

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Any charges that stem from a sexting-related crime can result in serious consequences for those involved. If you or your child has been questioned by the police or charged with a crime, you should speak to an experienced criminal defense lawyer immediately.

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An experienced attorney will be able to provide you with legal advice and information on the potential consequences of the charges against you. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service.

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Lawyer Directory. Call us at 1 Issue: search. Georgia Sexting Laws for Teens and Minors. In Georgia, teens and minors accused of sexting images of or to another minor can be charged with a felony or misdemeanor, depending on the circumstances involved. Felony Offenses Sexual exploitation of children is a felony offense if committed by an adult older than Misdemeanor Offenses Georgia law carves out a misdemeanor penalty for certain acts of teen sexting.

Misdemeanor penalties apply only if: the minor depicted in the image is 14 or older the depicted minor consented to its creation, and the defendant did not distribute the image to another.

Felony Offenses An adult older than 18 who commits a crime of computer or electronic child pornography faces felony penalties. Misdemeanor Offenses The law allows a reduced misdemeanor penalty for certain acts of teen sexting.

Misdemeanor penalties apply only if: the child depicted in the image is 14 or 15 the depicted child consented to its creation, and the defendant did not distribute the image to another. Electronically Furnishing Obscene Material to Minors Sexting obscene images to a minor younger than 18 also constitutes a crime. The crime is reduced to a misdemeanor when committed by a teenager age 18 or younger if: the recipient is 14 or older, and the recipient consented to receiving the image.

Sex Offender Registration Sex offender registration requirements apply to individuals convicted in adult court for any of the above crimes, unless the conviction is a misdemeanor. Juvenile or Adult Court Sexting cases involving offenders younger than 17 may be handled in juvenile court rather than adult court.

In Georgia, crimes committed by individuals 17 and older are tried in adult criminal court. Talk to a Lawyer Any charges that stem from a sexting-related crime can result in serious consequences for those involved.

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