Sexting Laws in Washington State

Sending sexually explicit text messages, also known as sexting, is a common activity among many Washington adults. However, there are certain instances where sexting is no longer legal — and may lead to serious criminal charges. Here is what every Washington adult needs to know about the state’s sexting laws.

New Laws for Sexting Between Teens

In April 2019, Governor Jay Inslee signed a measure to decriminalize the exchange of sexually explicit texts between teenagers. Prior to this bill, teens caught sexting would face charges under adult sex crime laws, since sexually explicit images of minors are child pornography. The consequences were equally severe, often requiring registration in the Washington sex offender database.

Under the new law, the following guidelines apply to youth-only sexting crimes.

• Possessing, distributing, publishing, or exchanging a depiction of a minor between the age of 13 and 17 engaged in sexually explicit conduct is a gross misdemeanor.
• Possessing, distributing, publishing, or exchanging a depiction of a minor under the age of 13 is a class B felony.
• Financing or selling sexually explicit content involving a minor is a class B felony.
• A minor selling a depiction of himself or herself engaged in sexually explicit conduct is a misdemeanor offense.
• No criminal penalty exists for minors who exchange, develop, publish, or possess content of themselves engaged in sexually explicit conduct.

For adult teens ages 18 and 19, sexting with minors carries serious legal consequences. The crime is classified as a first-degree offense if the image shows a minor engaged in sexual acts, and a second-degree offense in other cases. Both first- and second-degree offenses are class B felonies, punishable by up to 10 years in prison and mandatory sex offender registration. First-degree offenses typically result in more severe penalties than second-degree offenses.

Sexting Between Adults

It is legal for consenting adults in the state of Washington to privately exchange sexually explicit texts and other materials, including pictures and videos. An issue arises when the sexting and exchange of explicit material is not consensual.

Sexual violence occurs when one person commits a sexual act against another without his or her free and informed consent. If someone sends sexually explicit messages, photos, or videos without the consent of the other person and continues to send these materials after the other person tells him or her to stop, he or she could commit an act of sexual violence. Depending on the circumstances surrounding the case, he or she may face charges for sexual harassment or other sex crimes.

Revenge Porn Laws in Washington

Revenge porn is the act of disclosing intimate images without the consent of the person who appears in the images. People who share old images of former intimate partners commit this crime.

Washington takes this crime very seriously — in fact, disclosing intimate images can be a gross misdemeanor for a first offense, or a Class C felony for a second or subsequent offense. The law applies to any person who discloses an intimate image who meets the following criteria.

• The at-fault person obtained the image with reasonable understanding that it was to remain private.
• The at-fault person knew or should have known that he or she did not have the consent to disclose the image.
• The at-fault person knew or should have known that disclosing the image would cause harm to the person in the image.

Consequences for revenge porn vary based on the number of previous offenses. Gross misdemeanor charges can lead to up to 364 days in jail and a fine up to $5,000. Class C felonies can result in up to 5 years in prison and up to $10,000 in fines.

Potential Consequences for Sexting in Washington

A sexting-related conviction can have far-reaching impacts that affect nearly every part of your life. Beyond immediate penalties, these convictions create obstacles that can follow you for years. If convicted, you may face time in jail or prison, substantial fines, and mandatory registration as a sex offender. The ripple effects extend into your daily life—many people struggle to secure employment or housing with sex crime convictions on their record. Your personal and professional relationships may suffer, and your reputation in the community could be severely damaged.

However, being charged with a sexting-related offense does not mean your future is set in stone. With proper legal representation, you can mount a strong defense against these accusations and protect your rights and freedom. A Tacoma sex crimes attorney can help present your side of the story effectively, negotiate with prosecutors, and work toward the best possible resolution for your case. In some situations, they may even be able to have the charges dismissed entirely.

Three Important Washington State Sexting Laws to Know

If you or someone you care about is facing sexting-related charges in Washington, understanding the following three laws is very important. Each one carries different penalties depending on the ages of those involved and the specific circumstances of the case. Here is what you need to know.

If You Are a Teen Dealing with Images of Someone 13 or Older

While teens commonly share images through their phones and devices, RCW 9.68A.053 makes it illegal for minors over 13 to send sexually explicit images of other minors, even if both parties are teenagers. The severity of charges depends on the content: sharing images showing private areas results in a misdemeanor charge, while images depicting sexual acts lead to gross misdemeanor charges.

There is a path forward for first-time offenders. Washington’s legal system recognizes that teenagers may make mistakes and offers diversion programs as an alternative to criminal prosecution. These programs typically include counseling and community service. Successfully completing a diversion program allows teens to avoid a criminal record that could affect their future opportunities.

If the Images Involve Someone Under 13

The legal consequences become more severe when images involve children under 13. Washington law treats possession of these images as a Class B felony, which is further divided into two degrees of severity. First-degree charges apply when images show sexual acts, while second-degree charges cover other sexually explicit content.

Adults convicted of these offenses face up to 10 years in prison and $20,000 in fines. For juvenile offenders, the penalties are typically lighter and based on Washington’s juvenile sentencing guidelines. However, minors over 15 may face adult sentences for felony sex crimes involving children. Both adults and juveniles may need to register as sex offenders, which can have lasting effects on employment, housing, and personal relationships.

If You Are an Adult Aged 18 or Older

For adults in Washington state, any involvement with sexually explicit images of minors is strictly prohibited and carries serious consequences. There are three main charges an adult might face.

First, possessing any sexually explicit images of minors is illegal under RCW 9.68A.070 and constitutes a Class B felony offense. Second, sending or dealing these images (as defined under RCW 9.68A.050) is also a Class B felony. For both charges, the penalties are more severe if the images show sexual acts (first-degree offense) rather than just sexually explicit content (second-degree offense).

A third possible charge involves communicating with a minor for immoral purposes (RCW 9.68A.090). When this communication happens electronically, it is typically charged as a Class C felony. All three of these offenses carry serious penalties: up to 10 years in prison, fines up to $20,000, and mandatory registration as a sex offender for at least 10 years.

How a Washington Criminal Defense Attorney Can Protect Your Rights

When facing sexting-related charges, you may feel overwhelmed by the complexity of the legal system and concerned about your future. In these situations, a Tacoma criminal defense attorney can serve as your advocate and protector throughout the legal process. Your attorney’s role begins with a thorough examination of your case, including how law enforcement obtained and handled evidence, whether search warrants were properly executed, and whether your constitutional rights were protected during the investigation.

Your attorney can develop several strategies to protect your interests. They may challenge the admissibility of electronic evidence if it was improperly obtained or challenge the prosecution’s ability to prove you knowingly possessed or transmitted the content in question. In cases involving electronic communications, your attorney can scrutinize the technical aspects of how evidence was collected from phones, computers, or other devices.

If you are a juvenile under the age of 18, your attorney can pursue alternatives to prosecution, such as diversion programs. They understand which programs are available in Washington state and can advocate for your eligibility. Even in adult cases, an attorney may negotiate with prosecutors for reduced charges or alternative sentencing options that minimize the long-term impact on your life.

Your defense lawyer also serves as your guide through the complex legal system. They can:

• Explain the specific charges you face and their potential consequences
• Identify weaknesses in the prosecution’s case
• Prepare you for court appearances and testimony
• Handle communications with law enforcement and prosecutors
• File necessary motions to protect your rights and challenge evidence
• Negotiate plea agreements when appropriate
• Represent you aggressively at trial

Most importantly, your attorney will take the time to help you understand your rights and options at every stage of the process. They can help you evaluate plea offers, understand the implications of different defense strategies, and make informed decisions about your case. With sexting charges carrying such serious potential consequences, having legal representation can make a major difference in preserving your freedom and future opportunities.

Get in Touch with The Law Offices of Mark S. Treyz Today

If you are facing criminal charges for a sexting-related crime, contact a Tacoma sex crimes lawyer as soon as possible. Your lawyer will help you understand the charges and potential consequences, prepare for your court dates, and create a strong defense for the best possible outcome. Call our law office today at (253) 272-8666 to discuss your legal options or contact us online.