You may have committed a felony, and you don’t even know it. According to the San Diego Police Foundation, one in four teenagers have sexted. In California, minors sending explicit photos to other minors is a crime.
Some states have laws specifically concerning minors sexting photos of themselves, but in California, any person, whether adult or minor, can be charged with violating California Penal Code Section 311.1 if they knowingly distribute, recieve, or produce child pornography. Child pornography is any photo or video of a minor performing sexual acts.
You can be caught with child pornography on your phone if a parent or teacher searches your phone. Also, people can trace your digital footprint on social media. Some apps, like Snapchat, can appear to delete photos after they are sent. In reality, those photos can be retrieved.
If a teenager under 18 is charged with a non-violent offense, like child pornography, they will be tried in juvenile court. Some possible disciplinary actions for minors found guilty are suspension from school, community service, seizure of their cell phone, and counseling. It is unlikely that a juvenile would be committed to a juvenile detention center or be registered as a sex offender, unless the case is severe.
If someone sends you a sext, you should delete it immediately, even if you are both under 18. Both parties could be prosecuted for the spreading and ownership of child pornography. This situation includes recieving an explicit image through a mass text or viewing a video on social media. Any viewing of such images on your device could put you in jeopardy.
If you receive an explicit photo or video of a minor and it seems like they are being harmed or coerced into making the media, tell an adult and don’t worry about getting in trouble. If you are worried about someone’s safety, that takes precedence over the possibility of you getting in trouble. It is unlikely that you will be prosecuted for trying to help someone.