Maryland Sexting Laws: Legal Consequences and Penalties

Maryland passed a dedicated teen-sexting law in 2021 under Cts. and Jud. Proc. § 3-8A-35. It does not move qualifying peer-to-peer cases off the child-pornography statutes: the child is still adjudicated for violating Crim. Law § 11-203, § 11-207, or § 11-208, and sexting operates as a mitigating factor at the disposition stage. Adults face felony prosecution for distribution under Crim. Law § 11-207, and a first possession offense under § 11-208 is a misdemeanor, with no mitigating factor available in either case.

Maryland Teen Sexting Law (§ 3-8A-35)

Maryland passed specific legislation in 2021 to address the issue of teenagers sending explicit images to one another. Before this law, such actions were technically classified as child pornography distribution. The statute is found in Courts and Judicial Proceedings § 3-8A-35.

This law creates a "mitigating factor" in juvenile court proceedings. It does not make teen sexting legal, and it does not change what the child is charged with. Subsection (b) states that it is a mitigating factor in a proceeding against a child for a violation of Criminal Law § 11-203, § 11-207, or § 11-208 that the violation involved or arose out of sexting. The charge stays the same; the mitigation applies when the judge decides the disposition.

Qualifying for Mitigation

Subsection (a)(2) defines which conduct counts as "sexting" by listing what is excluded. Conduct does not qualify if:

• The sender is more than 4 years older than the recipient.
• The recipient is more than 4 years older than the sender.
• The child did not consent to committing the conduct constituting the violation.
• The child was coerced, threatened, or intimidated into committing the conduct.

The provision applies in juvenile proceedings, so the respondent is a child under 18. Note that a detention finding is not one of these conditions: the limit on detention dispositions described below is a consequence of qualifying, not a prerequisite for it.

Effect at Disposition

If the mitigating factor applies, subsection (c) does three things. The court shall take the mitigating factor into consideration. The court may not make a disposition of community detention under § 3-8A-19(d)(1)(i) or a commitment disposition under § 3-8A-19(d)(1)(ii) unless it finds and explains on the record, verbally and in writing, that extraordinary circumstances exist to warrant the disposition. And the court may order the child to participate in an age-appropriate educational program on the risks and consequences of possessing, sending, displaying, and publishing such images. The educational program is discretionary, not required, and the limit on detention reaches those two enumerated dispositions rather than every form of confinement.

Child Pornography Statutes

Despite the juvenile mitigation law, the underlying statutes regarding explicit images of minors remain active. These are the laws that adults are charged under. Teens can also be charged under these laws if they do not qualify for the § 3-8A-35 mitigation.

Possession of Explicit Material (§ 11-208)

Under Criminal Law § 11-208, it is illegal to knowingly possess a film, videotape, photograph, or other visual representation depicting a minor engaged in sexual conduct. This statute applies if the person knows or reasonably should know that the individual depicted is a minor.

The law defines "minor" in this context as an individual under the age of 16 for simple possession charges. However, other statutes cover minors up to age 18.

Distribution and Production (§ 11-207)

A more serious offense is found in Criminal Law § 11-207. This statute prohibits creating, distributing, or possessing with intent to distribute child pornography. This includes:

• Soliciting a minor to pose for explicit photos.
• Sending explicit photos of a minor to others.
• Printing or publishing such images.

Maryland courts have held that a minor can be both the "pornographer" and the victim. In the case In re S.K. (2019), the court ruled that a teen taking a nude selfie could technically violate these statutes, although the 2021 juvenile law now mitigates how these cases are handled.

Penalties for Sexting Offenses

The penalties for sexting in Maryland depend heavily on whether the offender is charged as a juvenile or an adult, and which specific statute is cited.

Juvenile Dispositions

For teens qualifying under the juvenile sexting law (§ 3-8A-35):

• Limited Detention: The court may not order community detention or a commitment disposition unless it finds and explains extraordinary circumstances on the record, verbally and in writing.
• Education: The court may order participation in an age-appropriate educational program about the risks and consequences of sharing such images. This is discretionary.
• Community Service: The court may order community service hours.
• Probation: Supervised probation is a possible outcome.

Adult Penalties (Child Pornography)

For adults, or juveniles transferred to adult court, the penalties are severe:

Sharing Obscene Material to Minors (§ 11-203)

Another relevant charge is Criminal Law § 11-203. This prohibits showing or giving obscene material to a minor. It is a misdemeanor punishable by up to 1 year in jail and a $1,000 fine for a first offense.

Revenge Porn Laws (§ 3-809)

Maryland has a specific statute addressing "revenge porn," officially known as the non-consensual distribution of intimate images. This is found in Criminal Law § 3-809.

A person violates this law if they knowingly distribute a visual representation of another identifiable person that displays intimate parts or sexual activity:

• With the intent to harm, harass, intimidate, threaten, or coerce.
• Knowing that the person did not consent to the distribution.
• Under circumstances where the person had a reasonable expectation of privacy.

Penalty: This offense is a misdemeanor. A conviction carries a potential sentence of imprisonment not exceeding 2 years and/or a fine not exceeding $5,000.

Federal Law: The TAKE IT DOWN Act

Federal law also covers this conduct. The TAKE IT DOWN Act (Public Law 119-12, signed May 19, 2025) added 47 U.S.C. § 223(h), making it a federal crime to publish an intimate image of an identifiable person without consent, whether the image is authentic or an AI-generated digital forgery. Publishing an authentic image carries up to 2 years in prison, or 3 years if the victim is a minor. Threatening to publish a digital forgery carries a lower penalty, up to 18 months, or 30 months if the victim is a minor, but threatening to publish an authentic image is punished the same as actually publishing it. Covered platforms must also remove a reported image within 48 hours of a valid request, a duty that became enforceable in 2026. Separately, 15 U.S.C. § 6851 (enacted 2022) allows victims to sue for civil damages of at least $150,000 in liquidated damages or actual damages plus attorney fees; whether it reaches AI-generated forgeries remains legally unsettled.

Defenses and Mitigation

There are several legal defenses available in Maryland sexting cases. These depend on the specific facts of the situation.

Prompt Destruction

Under Criminal Law § 11-208(e), it is a specific defense to a possession charge if the defendant:

• Promptly destroyed the visual representation.
• Promptly reported the matter to a law enforcement officer.

This defense is crucial for individuals who receive unsolicited images and immediately delete them.

Reasonable Effort to Verify Age

For charges involving showing obscene material to a minor (§ 11-203), it is a defense if the defendant made a reasonable effort to verify that the recipient was of legal age, such as checking a driver's license.

Juvenile Mitigation Factors

As discussed, the primary defense for teens is establishing that they qualify for the mitigation under § 3-8A-35. This requires showing the age proximity (within 4 years) and that the exchange was consensual and not the product of coercion, threats, or intimidation.

Adults Sexting With Minors

Adults who engage in sexting with minors face the full weight of Maryland's child pornography laws. There is no "Romeo and Juliet" exception for adults in the child pornography statutes regarding possession or distribution.

An adult (18+) who requests, receives, or possesses explicit images of a minor (under 18) commits a crime. Even if the minor consented to send the images, the adult can be charged. Consent is not a defense for statutory crimes involving minors.

Additionally, adults who use a computer, the internet, or other electronic means to solicit a minor for sexual acts can be charged under Criminal Law § 3-324 (Sexual Solicitation of a Minor). A first offense carries up to 10 years in prison and a $25,000 fine; a subsequent offense carries up to 20 years and a $50,000 fine. Federal solicitation laws may also apply depending on the conduct.

Juvenile Justice Process

Maryland's juvenile system operates differently from the adult criminal system. The focus is on the "best interests of the child" and public safety.

Intake and Informal Resolution

Many sexting cases begin with a referral to the Department of Juvenile Services (DJS). An intake officer reviews the case. For first-time offenders involved in consensual sexting, the officer may propose an informal resolution. This avoids court entirely. It might involve a warning letter, a parent conference, or a short educational program.

Adjudication

If the case goes to court, it is called an "adjudicatory hearing" rather than a trial. The judge determines if the allegations are proven. If proven, the next step is a "disposition hearing" (sentencing). This is where § 3-8A-35 applies, requiring the judge to weigh the mitigating factor, restricting community detention and commitment absent an on-the-record finding of extraordinary circumstances, and authorizing an educational program in place of a harsher disposition.

Sex Offender Registration

The requirement to register as a sex offender is a major concern in sexting cases.

Juveniles

Generally, juveniles adjudicated delinquent in Maryland do not automatically have to register as sex offenders. Registration is typically reserved for adults or juveniles charged as adults for serious offenses. The legislative intent behind the 2021 sexting law was specifically to prevent labeling teens as sex offenders for peer-to-peer sexting.

Adults

Adults convicted of child pornography offenses (possession or distribution) are required to register on the Maryland Sex Offender Registry. This is a Tier II or Tier III offense depending on the specific charge. It requires registration for 25 years or for life. This includes quarterly in-person verification and public listing on the registry website.

Long-Term Consequences

Even without jail time, a sexting incident can have lasting impacts.

Digital Footprint

Once an image is shared, control is lost. It can be copied, saved, and re-shared indefinitely. This can lead to cyberbullying, school disciplinary actions, and future embarrassment.

School Disciplinary Action

Schools often have their own policies regarding sexting. Even if the police do not file charges, a student can face suspension or expulsion if the conduct causes a disruption to the school environment. This is true even if the sexting occurred off-campus.

Employment and College

While juvenile records are generally sealed, an adult conviction (or a juvenile charged as an adult) will appear on background checks. This can bar individuals from careers in education, healthcare, law enforcement, and government.

More Maryland Laws

• Maryland Deepfake Laws
• Maryland Expungement Laws