Sexting Laws in Georgia: What You Need to Know

Sexting has become a common part of modern communication, especially among teens and young adults. But what many people don’t realize is that Georgia sexting laws are among the strictest in the country. What might seem like harmless flirting or a private exchange between consenting partners can lead to serious criminal charges, including felony offenses and even mandatory sex offender registration.

If you’re involved in a situation related to sexually explicit material or unlawful electronic communications, our sex crimes defense lawyers have prepared this article to guide you through Georgia's sexting laws.

What Is Sexting Under Georgia Law?

Sexting refers to sending or receiving sexually explicit messages, photos, or videos through an electronic device such as a phone, tablet, or computer. When both parties are consenting adults, such conduct typically doesn’t violate Georgia law.

However, the situation changes drastically when a minor is involved — even if the exchange appears voluntary. Georgia law doesn’t treat “teen sexting” as harmless. Because the state’s child exploitation laws classify explicit material of minors as child pornography, even minors can face charges for possessing or sending their own sexually explicit images.

Key Laws Governing Sexting in Georgia

Georgia’s sexting and child exploitation laws are found in several sections of the Official Code of Georgia Annotated (O.C.G.A.), including:

• O.C.G.A. § 16-12-100 — Sexual Exploitation of Children: Defines crimes involving any visual medium depicting a minor engaged in sexually explicit conduct, such as lewd exhibitions or sexual acts.
• O.C.G.A. § 16-12-100.1 — Computer or Electronic Pornography and Child Exploitation Prevention Act: Makes it illegal to use an electronic device to entice, solicit, or distribute sexually explicit content to or from a minor.
• O.C.G.A. § 16-12-81 — Electronically Furnishing Obscene Material to Minors: Prohibits sending obscene material to minors, including messages or photos that show sexual conduct or sexually explicit content.

These laws aim to prevent child exploitation and sexually explicit material from spreading through digital communication. But they can also lead to harsher penalties for situations that weren’t intended to cause harm.

Sexting with a Minor: When It Becomes a Serious Crime

Under Georgia sexting laws, it doesn’t matter whether the exchange was consensual. If one of the parties involved is under 18, it can be prosecuted as child pornography possession, sexual exploitation of children, or electronically furnishing obscene material to minors.

Examples include:

• A 17-year-old sending sexually explicit photos to a 16-year-old partner.
• A teen receiving nude images from a classmate.
• An adult sending explicit messages to a person they believe is over 18, but is actually a minor.

Each of these can result in felony charges. In Georgia, the law doesn’t require proof of intent to exploit; simply possessing or transmitting such material can be enough for conviction.

Potential Penalties and Legal Consequences

The penalties for a sexting-related crime depend on the specifics of the case, particularly whether a minor depicted is involved.

For adults accused of sexting with a minor:

• Felony conviction: Up to 20 years in prison.
• Mandatory sex offender registration: Required for most sexual exploitation or child pornography convictions.
• Fines and probation: Potentially thousands of dollars in penalties.
• Social stigma: Permanent record as a sex offender, affecting employment, housing, and relationships.

For minors involved in teen sexting cases:

• May face charges in juvenile court or adult court, depending on the circumstances.
• Could result in an aggravated misdemeanor or felony offense.
• Possible community service, mandatory counseling, or placement on a restricted registry.

Even without intent to harm, being convicted of possessing or distributing sexually explicit material involving a minor carries lifelong consequences.

Sexting Between Consenting Adults

When sexting occurs between consenting adults, it generally doesn’t violate Georgia law. However, problems arise when explicit images are shared publicly or without consent. Sharing or threatening to share someone’s private images (often called revenge porn) can lead to additional criminal offenses under Georgia’s unlawful electronic communications statutes.

If you ever receive or send explicit material, be aware that forwarding or distributing those images without consent can still lead to legal consequences, even among adults.

Why Georgia’s Sexting Laws Are So Strict

Georgia’s laws are designed to align with both state and federal law aimed at stopping child exploitation and pornography. Because of the broad language used in the Child Exploitation Prevention Act, even non-predatory or youthful mistakes can fall under serious felony charges.

While the intent is to protect people genuinely affected, such laws often lead to complex legal waters for teens and adults alike. A single explicit image can escalate into a case involving sexual exploitation, possession of obscene material, or even sexually explicit conduct charges of a high and aggravated nature.

What to Do If You’re Facing Sexting Charges in Georgia

If you or your child is accused of a sexting-related crime, take immediate action:

1. Do not delete any messages or images. This could be seen as destroying evidence.
2. Avoid contact with the complaining party or their family.
3. Don’t discuss the case on social media or with friends.
4. Gather evidence showing consent, age misrepresentation, or lack of intent.
5. Hire an experienced attorney who understands Georgia sexting laws and child exploitation laws.

A criminal defense lawyer can help determine whether the case belongs in juvenile court, negotiate reduced charges, or even argue that the behavior doesn’t meet the legal definition of sexually explicit conduct.

Protect Your Future with The Law Offices of Blake A. Poole

Sexting charges in Georgia can destroy a person’s reputation and freedom. At The Law Offices of Blake A. Poole, we understand how quickly digital mistakes can spiral into criminal offenses.

Our team provides personalized legal advice and a strong defense to protect your rights in these complex legal waters. Whether you’re a parent of a teen or an adult under investigation, we’ll help you navigate the legal process and fight for your future. Contact us today for a free consultation.

FAQs

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Is sexting between a 17-year-old and a 16-year-old legal?

Not when photos are involved. While sexual activity between them may be legal, sending or possessing nude images of anyone under 18 can be considered child pornography, even if the exchange was consensual. The Romeo & Juliet close-in-age exception doesn’t automatically apply to explicit images.

What should I do if I’m accused of a sexting-related crime?

Do not delete messages or talk to the alleged complaining person. Save evidence, stay silent publicly, and contact an experienced criminal defense attorney immediately. Early legal advice can make a significant difference in outcomes.

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