Most people think sexting is just a private thing between two people. No big deal, right? But in Washington state, the rules around sexting are serious. And they can turn everyday mistakes into criminal charges.
This guide breaks it all down in simple terms. Whether you’re a parent, a teen, or just someone who wants to stay informed, you’re in the right place.
What Is Sexting?
Sexting means sending or receiving sexually explicit messages, photos, or videos through a phone or the internet. It can happen through text messages, apps, email, or social media.
Pretty much everyone has a smartphone these days. So sexting has become really common, especially among teenagers. But common doesn’t mean consequence-free.
Is Sexting Legal in Washington?
Here’s the short answer: it depends.
Adults who are 18 or older can legally sext other adults. Washington law does not ban private, consensual sexting between grown-ups. So if you and another adult both agree, you’re generally in the clear.
But the moment a minor is involved, things change fast. And honestly, this is the part most people don’t fully understand until it’s too late.
Sexting Laws for Minors in Washington
Okay, pause. Read this carefully.
Washington has specific laws for teens who sext. In 2019, Governor Jay Inslee signed a law called the Responsible Teen Communications Act. Before that law, teens caught sexting could face the same charges as adults, including having to register as sex offenders. That was a harsh outcome for what many saw as immature but not criminal behavior.
The 2019 law created a separate, less severe set of rules for minors. But “less severe” doesn’t mean “no consequences.” Let’s walk through what the law actually says.
When a Teen Sexts Another Teen (Both Ages 13-17)
Wondering where your teen stands under this law? Here’s how it works.
If a minor between 13 and 17 sends or receives a sexually explicit image of another minor who is also between 13 and 17, the charges depend on what the image shows.
If the image shows private body parts like genitals, buttocks, or breasts, it’s a misdemeanor. If the image shows a minor actually doing a sexual act, it’s a gross misdemeanor. These are both serious but far less severe than adult charges.
One important note: minors are not penalized just for sending pictures of themselves or for receiving images of other teens who are 13 or older. The law only punishes certain acts of distribution. Still, don’t assume there’s zero risk.
When a Minor Has Images of a Child Under 13
Here’s where it gets very serious.
If a minor possesses or shares a sexually explicit image of someone under 13, the charges jump to a Class B felony. That’s true even if the minor never shared the image with anyone. Just having it is a crime.
A Class B felony for an adult can mean up to 10 years in prison and fines up to $20,000. Minors may be sentenced under juvenile standards, but teens 15 and older can be tried as adults for felony sex crimes.
When an 18 or 19-Year-Old Sexts a Minor
This is a really common situation that trips people up. An 18-year-old might think they’re basically the same age as a 17-year-old partner. But the law sees it very differently.
Adult teens between 18 and 19 who sext images of minors face Class B felony charges. If the image shows a minor engaged in a sexual act, it’s a first-degree offense. If the image shows nudity without a sex act, it’s a second-degree offense. Both are Class B felonies. Both can result in mandatory sex offender registration.
Trust me, this one surprises a lot of people.
Sexting Laws for Adults in Washington
For adults over 18, the rules are different but still important to know.
Consenting adults can legally exchange explicit images and messages. Washington does not criminalize private adult sexting. But there are two big exceptions that you absolutely need to know.
Non-Consensual Sexting
If someone sends you explicit messages or images after you’ve told them to stop, that can be considered a form of sexual harassment. Washington takes this seriously, and charges can follow depending on the circumstances.
Wondering if this applies to you? If someone keeps sending you unwanted explicit content, that’s not just rude. It could be a crime.
Revenge Porn (Sharing Intimate Images Without Consent)
This one is a big deal. Washington has a specific law against sharing someone’s intimate images without their permission.
The law covers any situation where someone shares a private, intimate image and these things are true: the image was meant to stay private, the person sharing it knew the other person did not consent, and the person sharing it knew it would cause harm.
Think of it like this. You share a private photo with someone you trust. Later, they post it online or send it to your friends. That’s a crime in Washington, even if you took the photo yourself and sent it willingly.
A first offense is a gross misdemeanor. That can mean up to 364 days in jail and a fine of up to $5,000. A second offense jumps to a Class C felony, which can mean up to 5 years in prison and fines up to $10,000.
Federal Laws Also Apply
Hold on, this part is important.
Washington state laws are not the only laws that matter. Federal law also covers sexting that involves minors.
The federal PROTECT Act makes it illegal to use a computer or phone to send or receive sexually explicit images of minors. A conviction under federal law can mean prison time, heavy fines, and mandatory sex offender registration. Federal charges can be added on top of state charges.
So someone could face both state and federal consequences for the same act. That’s not a situation you ever want to be in.
Penalties at a Glance
Here’s a quick summary to help things click.
A misdemeanor charge can mean up to 90 days in jail and a $1,000 fine. A gross misdemeanor can mean up to 364 days in jail and a $5,000 fine. A Class C felony can mean up to 5 years in prison and a $10,000 fine. A Class B felony can mean up to 10 years in prison and a $20,000 fine.
Beyond fines and jail, many convictions require you to register as a sex offender. That registration can follow you for years. It affects where you can live, where you can work, and how you’re seen by your community.
Less severe than murder, sure. But still absolutely life-changing.
Sex Offender Registration
This is the part most people don’t think about until it’s too late.
A sexting conviction involving a minor can require mandatory sex offender registration in Washington. Registration is not just a formality. It’s publicly listed, it limits where you can live, and it can block you from certain jobs, schools, and housing options.
Many people assume registration only applies to the most serious crimes. They find out the hard way. Don’t be one of them.
Special Situations Worth Knowing
Not every situation fits neatly into the basic rules. Here are a few specific things to keep in mind.
If someone hacks into your phone and finds intimate images, they could face computer crime charges in addition to other charges. Washington law makes it a Class C felony to access someone else’s computer without permission.
Also, deepfake technology is a growing issue. The federal TAKE IT DOWN Act, signed into law in May 2025, now criminalizes publishing AI-generated fake explicit images of real people without their consent. That includes fake explicit images of minors. So even edited or fake images can carry real legal consequences.
What To Do If You’re Involved in a Sexting Case
You’re not alone if this situation feels overwhelming. These laws are complicated, and a lot of people get caught off guard.
If you’ve been questioned by police or charged with a sexting-related crime, the most important thing you can do is contact a criminal defense attorney right away. Don’t talk to police without a lawyer present. Even innocent people can say things that are misunderstood.
If you’re a victim of revenge porn or non-consensual sharing of your images, you can report it to local police. You can also reach out to the Cyber Civil Rights Initiative, which provides free legal help to victims. Some attorneys in Washington offer free services to victims through the Cyber Civil Rights Legal Project run by K&L Gates law firm.
If you’re a parent and your teen is involved in a sexting situation, talk to a lawyer before making any statements to police. The laws around minors are complex, and early legal help can make a real difference.
How to Protect Yourself
Basically, here’s what you can do to stay safe and legal.
Never send or receive explicit images involving anyone under 18. Not even if they send something first. Not even if you’re both teenagers. Not even if it seems harmless.
For adults: only share intimate images with people you deeply trust. Once you send something, you can’t fully control it. And sharing without consent is a crime.
If someone shares your images without permission, document everything. Screenshot the posts, save the messages, and report to both the platform and local police. You have rights, and Washington law is on your side.
Frequently Asked Questions
Is sexting between two consenting adults legal in Washington?
Yes. Adults 18 and older can legally sext each other as long as the images are of adults and both people agree.
What happens if a 17-year-old and a 19-year-old sext each other?
The 19-year-old can face felony charges because they are an adult sending or receiving explicit images involving a minor. Age difference does not reduce the legal risk for the adult.
Can a teenager be charged with a crime for sexting a selfie?
Under current Washington law, minors are not penalized for taking or keeping selfies of themselves. But distributing explicit images of other minors can still result in charges.
What is revenge porn under Washington law?
Revenge porn means sharing someone’s intimate image without their consent, when the image was meant to stay private and the sharing causes harm. It’s a crime even if you originally had permission to receive the image.
Can someone face federal charges for sexting in Washington?
Yes. If the sexting involves minors, federal law can apply on top of state law. This can mean harsher penalties and federal sex offender registration.
Final Thoughts
Washington’s sexting laws cover a wide range of situations. Teens, young adults, and parents all need to know the basics. The consequences can be life-altering, especially for anything involving minors.
Now you know the basics. Stay informed, talk openly with the people in your life, and when in doubt, consult a lawyer. The law is more serious than most people realize, but being educated is the best first step.
References
- Washington Revised Code § 9.68A.053 – Sexually explicit images, crimes by minors: https://app.leg.wa.gov/rcw/default.aspx?cite=9.68A.053
- Washington Revised Code § 9A.86.010 – Disclosing intimate images: https://app.leg.wa.gov/RCW/default.aspx?cite=9A.86.010
- Cyberbullying Research Center – Sexting Laws in Washington: https://cyberbullying.org/sexting-laws/washington
- Legal Voice – Know Your Rights: Non-Consensual Pornography (Washington State): https://legalvoice.org/nonconsensual-pornography/
- Criminal Defense Lawyer – Washington Teen Sexting Laws: https://www.criminaldefenselawyer.com/resources/teen-sexting-washington.htm
