Sexting is in the news over reports that a young journalist “sexted” a much older member of a political dynasty by sending him “demure nudes.” Sexting is the sending of nude, suggestive or sexually explicit photos by electronic means, usually by cellphone.
Is Sexting Against the Law in Maryland?
Sexting in Maryland isn’t a crime unless it involves juveniles.
Maryland doesn’t have a specific law against sexting on its books. In Maryland, sexting is usually prosecuted under child pornography laws. Basically, it’s a crime to distribute or produce child pornography.
Although child pornography laws are intended to punish adults who exploit children, child pornography laws and related charges can also be used against teens who engage in sexting.
A person who causes or allows a child under the age of 18 to be photographed in sexual conduct can lead to a criminal charge under Maryland’s child pornography laws. It’s also a crime for anyone to possess and retain an image or video of a child under the age of 16 engaged in sexual conduct or in a state of sexual excitement. For example, if a 15-year-old girl sends a sexually explicit photo of herself to her boyfriend via text message and he keeps the image on his phone, he could be convicted of possession of illicit sexually explicit material.
In Maryland, it’s also a crime to show or send a child nude or sexually suggestive photos or images. For example, if an 18-year-old texts a nude photo of his 17-year-old girlfriend, he could be convicted.
What Are the Penalties in Maryland Sexting and Child Pornography
Child pornography is punishable by:
- Up to 10 years in prison
- A fine up to $25,000
- Jail time and a fine
Subsequent convictions are punishable by up to 20 years in prison, a fine of up to $50,000 or both.
Sharing obscene material with a minor is punishable by:
- Up to one year in jail
- A fine of up to $1,000
- Jail time and a fine
Second and subsequent convictions are punishable by up to three years in prison, a fine of up to $5,000 or both.
Possession of sexually explicit material dealing with a minor is punishable by:
- Up to five years in prison
- A fine of up to $2,500
- Jail time and a fine
Subsequent convictions are punishable by up to 10 years in prison, a fine of up to $10,000 or both.
In Maryland, if you’re convicted of child pornography or possession of sexually explicit material featuring children under the age of 18, you must register as a sex offender.
Federal Laws and Sexting
Federal statutes can come into play because if you engage in sexting, you can also be charged under federal laws.
Harassment Charge is a Possibility
Depending on the circumstances, a person who distributes or publishes nude photos of a teenager can be charged with harassment.
In addition, students who engage in such behavior can be suspended or expelled under most schools’ anti-bullying policy.
Consenting Adults
It’s worth noting that non-commercial and private sending of sexually explicit photos by adults where both have consented is generally permitted.
The attorneys at Maronick Law LLC have experience with Annapolis, Baltimore, Essex, Ocean City, Towson, White Marsh sexting and child pornography matters. An Ocean City sex crimes lawyer can review your case for defenses and an opportunity to plea bargain or get your Maryland sex crime charges reduced.
Maronick Law LLC can meet with you remotely if you have access to Zoom. You can contact the law office at 410.244.5068 or our website for a free consultation.