Many people associate sexting with private communications between consenting adults. However, certain forms of sexting can lead to serious criminal consequences under Mississippi law and federal law. Understanding when sexting crosses the line from lawful behavior into criminal conduct is important, particularly for teenagers, young adults and parents.
In general, consensual exchanges of sexually explicit messages or images between adults are not typically criminal. Legal issues typically arise when the content involves a minor, lacks consent or violates other criminal statutes.
Common behaviors that may be prosecuted
Transmission and possession of sexually explicit images of individuals under the age of 18 are both unlawful. Even if a minor voluntarily creates or sends an image of themselves, the possession, distribution, receipt or production of that image may trigger child pornography laws. In some circumstances, both the sender and the recipient can face serious legal consequences. Even a teenager who forwards an image received from another minor may be accused of a criminal offense.
Sharing intimate images of another person without permission may also violate criminal laws and can expose an individual to civil liability as well. What begins as a private exchange during a relationship can become a legal problem if images are later distributed to friends, posted online or used to embarrass or threaten another person.
Sexting can also become unlawful when it is connected to harassment, stalking, extortion or coercion. For example, threatening to release intimate images unless someone provides money, additional images or other favors may lead to serious criminal charges. Likewise, repeated unwanted sexual messages may potentially support harassment-related allegations.
Messages, photographs and videos can be saved, copied, forwarded and recovered even after they are deleted. What may seem like a private conversation can quickly become evidence in a criminal investigation.
Mississippi prosecutors and law enforcement agencies take offenses involving minors and sexually explicit images seriously. As a result, anyone who has been accused of a sexting-related offense needs to seek legal guidance immediately.
