In short
Consensual sexting between adults is legal throughout the US. Sexual images of anyone under 18 are illegal under federal law, whatever the state's age of consent. Publishing someone's intimate images without consent, including AI deepfakes, is a federal crime under the TAKE IT DOWN Act and is also illegal in every state.
Federal law
The TAKE IT DOWN Act (2025)
Since 19 May 2026, websites and apps that host user content must have a process for victims to request removal and must take down valid reports, and known copies, within 48 hours. The Federal Trade Commission enforces this, with civil penalties of over $50,000 per violation. If a platform ignores your request, you can report it at TakeItDown.ftc.gov.
Child sexual abuse material
Federal law (18 U.S.C. §§ 2251, 2252 and 2252A) makes producing, distributing, receiving or possessing sexual images of anyone under 18 a serious felony, with mandatory minimum sentences for production and distribution. This applies even in states where the age of consent is 16, and even if the image is a selfie the teenager took and sent willingly. Federal prosecutors rarely charge teenagers for consensual peer sexting, but the law makes no exception for them.
Civil claims
Since 2022, a federal civil law (15 U.S.C. § 6851) lets people whose intimate images were disclosed without consent sue for damages, including up to $150,000 in liquidated damages.
State laws
| Issue | How states differ |
|---|---|
| Age of consent | 16 in most states, 17 in some (for example New York and Texas) and 18 in about a dozen (including California and Florida). It doesn't change the federal 18+ rule for images. |
| Revenge porn / NCII | Every state and Washington, D.C. now has a law against sharing intimate images without consent. Penalties range from misdemeanors to felonies. |
| Deepfakes | Most states have added AI-generated sexual images to their laws, alongside the federal TAKE IT DOWN Act. |
| Cyberflashing | A growing number of states make unsolicited explicit images a crime or let victims sue. Texas made it a misdemeanor in 2019, and California and Virginia allow civil claims. Elsewhere it may be charged as harassment or indecent exposure. |
| Teen sexting | Around half the states have specific teen sexting laws that treat consensual sexting between minors as a lesser offence, with diversion, education or a misdemeanor instead of child pornography charges. In other states, the general child pornography laws apply. |
Because state laws change frequently, check your own state's statutes or speak to a local attorney if you are facing charges.
Sex offender registration
A conviction under child pornography laws, at federal or state level, can lead to sex offender registration, sometimes for life. This is one reason several states created separate teen sexting offences. Adults should never ask for, keep or forward sexual images of anyone under 18.
Where to get help in the US
- Emergency: 911
- Cyber Civil Rights Initiative helpline: 844-878-2274, for adults whose images have been shared
- Take It Down (NCMEC): takeitdown.ncmec.org removes images taken when you were under 18
- NCMEC CyberTipline: 1-800-843-5678 to report child exploitation
- FBI: tips.fbi.gov for sextortion
- StopNCII.org: blocks adult images from spreading across major platforms
Need help right now?
If you or someone else is in immediate danger, call 999 (UK), 112 (Ireland/EU), 911 (US/Canada) or 000 (Australia).
- Images shared or threatened (adults, UK): Revenge Porn Helpline, revengepornhelpline.org.uk or 0345 6000 459
- Stop images spreading (worldwide, adults): StopNCII.org
- Under 18: Childline's Report Remove tool at childline.org.uk or call 0800 1111. Outside the UK: Take It Down
- More countries and services: see our help and support directory
This is general information, not legal advice. Laws change and depend on the facts of each case. We last checked this page on 9 November 2026. If you are facing a police investigation or court case, speak to a solicitor or lawyer where you live.