Vermont Sexting Laws: Legal Consequences and Penalties

Vermont treats teen sexting differently from most states. Under 13 V.S.A. 2802b, a minor who voluntarily sends a self-produced explicit image is adjudicated delinquent in family court, not criminally prosecuted, and may complete a juvenile diversion program with records expunged at age 18.

Vermont's Approach to Sexting Laws

Vermont stands out as one of the more progressive states when it comes to teen sexting. Rather than prosecuting teenagers under the same harsh child pornography statutes applied to adult predators, Vermont enacted a specific teen sexting law that treats most first-time cases as opportunities for education and rehabilitation.

This approach reflects the state's recognition that teenagers who share self-produced images face very different circumstances than adults who exploit children. However, the state still maintains strict penalties for adults who possess, produce, or distribute sexual images of minors.

Vermont applies two different age thresholds, and the difference is important. The teen sexting statute sits in Chapter 63, which defines a "minor" as any person less than 18 years old (13 V.S.A. 2801). The sexual exploitation statutes in Chapter 64 use a narrower term, defining a "child" as any person under 16 years of age (13 V.S.A. 2821). An explicit image of a 16- or 17-year-old therefore generally does not trigger the Chapter 64 exploitation offenses, even though the sexting statute still treats that person as a minor.

The Teen Sexting Statute: 13 V.S.A. 2802b

Vermont's teen sexting law, 13 V.S.A. 2802b, directly addresses the issue of minors sharing explicit images electronically. The statute makes it unlawful for any minor to knowingly and voluntarily use a computer or electronic communication device to transmit an indecent visual depiction of themselves to another person.

Key Requirements

For the teen sexting statute to apply, all of the following conditions must be met:

• The image must be of the sender (self-produced)
• The sender must be a minor (under 18)
• The transmission must be voluntary
• There must be no threat or coercion involved

If any of these conditions are not met, prosecutors may instead pursue charges under the more serious sexual exploitation statutes.

Penalties for First-Time Minor Offenders

A minor who violates 13 V.S.A. 2802b for the first time:

• Is adjudicated delinquent in family court (not criminal court)
• May be referred to the juvenile diversion program in the district where the case is filed
• Does not face prosecution under sexual exploitation of children statutes
• Is not subject to sex offender registration
• Has their record automatically expunged when they turn 18

This approach represents a significant departure from states like Tennessee, where teen sexting can result in felony sexual exploitation charges.

Penalties for Repeat Offenders

A minor who has previously been adjudicated delinquent under this section faces stiffer consequences:

• The case may be handled in family court or prosecuted in district court
• Charges under the sexual exploitation of children statutes may apply
• However, even repeat offenders are not subject to sex offender registration requirements

Adult Offenders Under the Teen Sexting Statute

A person 18 years of age or older who violates subdivision (a)(2) of 13 V.S.A. 2802b faces:

• A fine of up to $300
• Imprisonment of up to six months
• Or both

This provision covers an adult who unlawfully possesses an indecent image that a minor transmitted in violation of subsection (a)(1), for example an adult who receives and keeps a minor's self-produced image instead of taking reasonable steps to destroy it. It does not criminalize an adult sending a self-produced image; subsection (a)(1) restricts only minors, so an adult cannot violate it by sending their own image.

Sexual Exploitation of Children Statutes

When sexting cases fall outside the teen sexting statute, or when adults exploit minors, Vermont's Chapter 64 sexual exploitation laws apply. These statutes carry significantly harsher penalties.

Use of a Child in a Sexual Performance (13 V.S.A. 2822)

Under 13 V.S.A. 2822, it is illegal to employ, use, or persuade a child to engage in a sexual performance. In the context of sexting, this statute applies when an adult convinces a child under 16 to create and send explicit images.

Consenting to a Sexual Performance (13 V.S.A. 2823)

Parents, guardians, or custodians who consent to a child's participation in a sexual performance face prosecution under this section.

Promoting a Recording of Sexual Conduct (13 V.S.A. 2824)

This statute targets anyone who promotes, distributes, or sells recordings of sexual conduct involving a child under 16.

Penalties for Sexual Exploitation Offenses (13 V.S.A. 2825)

The penalties under 13 V.S.A. 2825 are severe:

Possession of Child Sexual Abuse Material (13 V.S.A. 2827)

13 V.S.A. 2827 makes it illegal for any person, not only adults, to possess or knowingly access with intent to view any photograph, film, or visual depiction of sexual conduct by, with, or on a child, or of a clearly lewd exhibition of a child's genitals or anus, including images stored electronically on phones, computers, or cloud accounts. Chapter 64 defines a child as a person under 16 years of age.

Penalty Structure

Section 2827 states the prohibition; the penalties are set by 13 V.S.A. 2825 and depend on the nature of the material:

• Depictions of sexual conduct by, with, or on a child (first offense): Up to 5 years in prison, a fine of up to $10,000, or both (13 V.S.A. 2825(c)(2))
• Depictions of a clearly lewd exhibition of a child's genitals or anus (first offense): Up to 2 years in prison, a fine of up to $5,000, or both (13 V.S.A. 2825(c)(1))
• Any subsequent offense under the same section: Up to 10 years in prison, a fine of up to $50,000, or both (13 V.S.A. 2825(d))

Revenge Porn: Nonconsensual Disclosure of Intimate Images

Vermont's revenge porn statute, 13 V.S.A. 2606, prohibits the nonconsensual disclosure of sexually explicit images. Enacted in 2015, this law was one of the early state-level revenge porn statutes in the country and has survived constitutional challenge in the Vermont Supreme Court in State v. VanBuren (2018).

Elements of the Offense

A person violates this statute by knowingly disclosing a visual image of an identifiable person who is nude or engaged in sexual conduct when:

• The disclosure is made without the depicted person's consent
• The disclosure is made with the intent to harm, harass, intimidate, threaten, or coerce the person depicted
• The disclosure would cause a reasonable person to suffer harm

Penalties for Revenge Porn

Vermont law also explicitly states that consent to the recording of an image does not, by itself, constitute consent for its disclosure. This means that even if someone agreed to be photographed or recorded, the photographer cannot share those images without permission.

Platform Accountability

Vermont is notable for holding websites and online platforms accountable when they solicit or accept payment from victims to remove nonconsensual intimate images. This provision targets "revenge porn" websites that profit from exploitation.

Solicitation and Luring Minors Online

Vermont law also addresses adults who use electronic communications to target minors. Under 13 V.S.A. 2828, it is illegal to lure a child using electronic means. The statute reaches anyone who solicits, lures, manipulates, or entices, or attempts to do so, a child under 16 years of age or a person believed to be a child under 16, to engage in a sexual act or in lewd and lascivious conduct. Using text messages, social media, or other digital platforms to do so carries up to 5 years in prison and a $10,000 fine under 13 V.S.A. 2825(e). The section does not apply where the person is less than 19 years of age, the child is at least 15 years of age, and the conduct is consensual.

Federal Take It Down Act (2025)

The Take It Down Act, signed into law in May 2025, adds federal protections on top of Vermont's state laws. This legislation:

• Criminalizes the publication of nonconsensual intimate images at the federal level
• Covers AI-generated deepfake intimate images
• Requires social media platforms to remove reported nonconsensual intimate images within 48 hours
• Provides an additional avenue for victims who may face challenges under state law

Vermont residents can now pursue both state and federal remedies when their intimate images are shared without consent.

Diversion Programs and Rehabilitation

Vermont's juvenile justice system emphasizes rehabilitation over punishment, particularly for first-time sexting offenders. The state operates juvenile diversion programs in each district that provide:

• Educational programming about digital safety and the consequences of sexting
• Counseling and mental health support
• Community service opportunities
• Restorative justice conferences between affected parties

Successful completion of a diversion program typically results in the case being dismissed. Records are sealed and later expunged, allowing the minor to move forward without a lasting legal record.

Defenses Available in Vermont Sexting Cases

Lack of Knowledge

Vermont's sexual exploitation statutes require that the defendant acted "knowingly." If explicit material was received without the recipient's knowledge or consent, this may serve as a defense.

No Coercion

Under the teen sexting statute, the transmission must be voluntary and free from coercion. If evidence shows that a minor was pressured or threatened into sending an image, the coercing party may face more serious charges while the coerced minor may receive protection.

Prompt Deletion

While not a specific statutory defense, evidence of immediately deleting unsolicited explicit images may influence whether prosecutors pursue charges.

Constitutional Challenges

The Vermont Supreme Court upheld the constitutionality of the revenge porn statute in State v. VanBuren (2018), but narrowed its application. Defendants may still raise First Amendment challenges in specific factual contexts.

More Vermont Laws

• Vermont Deepfake Laws
• Vermont Expungement Laws