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Between consenting adults, the private sharing of nude or suggestive photos is generally not illegal.
However, that does not mean that adults can freely engage in sexting.
Some states have enacted defenses against child pornography charges for (sometimes including kids up to 19 years old) who engage in sexting, but such defenses do not apply to older adults.
For example, one young man was charged with possessing child pornography because he had on his cell phone nude photos of his 16-year-old live-in girlfriend, who was also the mother of his child.
In other states, these crimes may be felonies (punishable by one year or more in state prison).
States' requirements on sex offender registration also differ for obscenity convictions.
Child pornography laws can be very harsh; many impose years in prison for each image.“Just because they stare at a screen doesn’t mean they are interpreting it, decoding it, understanding it,” Rich said.“Can a baby decode the pattern of light and dark on a two-dimensional object as a symbol of Grandma’s face, and perceive that the noise they hear is generated by Grandma talking to them?Second, an adult who sends a nude or sexual photo of him or herself to a child could also be convicted of a crime.In many states, it is illegal to share with children anything obscene or sexual in nature.