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Last Modified on Dec 12, 2025
In 2025, the question, “Can teen sexting be a crime in Virginia?” is more relevant than ever. For many parents, teens, and even young adults, it’s the digital mistake they hope their child never makes
Unfortunately, the answer to that question can sometimes be yes. Depending on several factors, a consensual sexting exchange between minors can expose Virginia residents to serious criminal consequences.
Parents, along with teens and young adults, need to understand that sexting does not necessarily remain harmless. Under Virginia law, explicit images sent over the phone can still be treated as child pornography or otherwise indecent content. The legal stakes can be high, from felonies to lifelong consequences.
About Johnson/Citronberg
Johnson/Citronberg is a nationally acclaimed criminal defense law firm that represents clients in state and federal courts across the United States. With two offices in Alexandria and Atlanta, and in close proximity to the Alexandria Circuit Court, our team has the resources and experience necessary to take on everything from complex sex-crime charges to high-profile federal investigations.
Super Lawyers, the Washington Post, and other top legal groups have repeatedly recognized our attorneys for their legal ability, tenacity, and results. We treat each case with thoughtful preparation and aggressive advocacy. No matter how serious the charges, we’re committed to defending our clients’ rights and fighting for the most favorable result.
How Sexting Falls Under Virginia Sex Crime Laws
In a sample of 307 justice-involved teens, with an average age of approximately 14.5, 37.7% reported lifetime sexting and 29.5% reported sexting over the past year in a ScienceDirect study conducted in 2022
Virginia’s statutes related to child pornography and other sexual material involving minors are intentionally broad. They also cover electronic images, pictures made on cell phones, and all forms of electronic distribution. Under Virginia Code 18.2-374.1, child pornography covers materials that sexually degrade minors through photographic or video depictions.
Any sexually explicit image made by a minor remains subject to legal classification when a person holds, shares, or makes copies of it. Moreover, under the law, mere possession of such material is a crime, and distribution or electronic transmission of it can result in even more serious sex crime penalties.
If the minor is under 15 years old, or an adult is the one sending the explicit photos, then additional statutes may apply. The statutes do not provide any exemption for consensual exchanges between minors. Therefore, when teenagers share sexually explicit material, they might face criminal charges even though both parties are under the age of 18.
Possible Charges Associated With Teen Sexting
Depending on the ages and whether it was sent or received, sexting between teens could result in any of the following charges:
- Production or distribution of sexually explicit visual material of a minor. Teenagers who share nude or sexually explicit photos they took of themselves or of another person under 18 years old may be viewed under the law as producing child pornography. Sending, sharing, or posting those images can also be considered distribution. This can lead to separate serious criminal charges.
- Possession of sexually explicit material. A teen who merely receives and/or saves an explicit photo may be charged with possession of child pornography.
- Distribution. When a photo is sent to different people multiple times, each sent image counts as an individual distribution violation.
- Solicitation/enticement. A teen or adult who asks or pressures another teen to provide them with nude or sexual photos may be deemed to have solicited or enticed that teen to engage in the production of child pornography. This could be charged as a class six felony.
In other words, even when consensual sexting occurs between teens, current Virginia sex crime laws can result in significant charges, especially when the images are shared with others beyond the private parties.
Hire a Sex Crime Lawyer Today
It is both important and beneficial to hire a skilled sex crime lawyer when your teen faces sexting charges in Virginia. These cases are often much more serious than most parents and teens realize. A sex crime attorney has extensive knowledge about Virginia’s legal proceedings against anyone who creates, possesses, or distributes explicit images of minors, even when these minors are of the same age.
A lawyer may be able to persuade the courts to dismiss charges based on illegal evidence collection and overbroad or unjust accusations. They can help prevent a teen from suffering lifelong consequences or sex-offender registration. With knowledgeable legal counsel, parents have a much greater opportunity to protect their child’s future and successfully handle an often complex process.
FAQs
Can You Press Charges Against a Minor for Sexting in Virginia?
Yes, in Virginia, you can potentially press charges against a minor for sexting. Although charges are generally handled through the juvenile justice system, penalties can be severe and include probation, detention, or even sex-offender registration, depending on the charges. Juvenile courts are intended to be more rehabilitative, but the charges are serious and have long-term implications for a teen’s future.
What Should I Do if My Teen Is Sexting?
The most important thing to do if your teen is sexting is to act fast, but in a calm manner. Parents must inform their children about potential legal consequences for sharing sexually explicit images of minors, since such actions could lead to child pornography charges. It is also important to be candid about boundaries and consent.
Is It Okay to Sext as a Teen in Virginia?
Legally, it is not okay to sext as a teen in Virginia. In Virginia, anyone under the age of 18 is a minor. The creation, possession, or transmission of sexually explicit images of a minor, even if it is of themselves, can be prosecuted as a child pornography offense. Teens may not be aware of this, but even consensual sexting between minors can result in serious legal consequences.
Does a Teen Have to Register as a Sex Offender for Sexting in Virginia?
A teen may have to register as a sex offender for sexting in Virginia, depending on their age and if the act involved creation, distribution, or possession of child pornography. Teens who engage in these offenses can potentially face adult penalties, which may include registering on the Virginia Sex Offender Registry.
Contact Johnson/Citronberg Today
If your teen has been charged with sexting in Virginia, Johnson/Citronberg can help protect you legally. Contact us today for a consultation.
