'Sexting' Between Minors Is Not Child Porn, Walters Says

PHILADELPHIA — The issue of “sexting” is a social problem but not a criminal one, according to industry attorney Larry Walters.

Walters commented to XBIZ as a federal appeals court in Philadelphia weighs whether teenagers can be prosecuted for sexting under Pennsylvania child pornography laws.

Sexting is the widespread trend and widely criticized practice by teens of using cellphones to send sexually explicit photos of themselves.

The photos at issue in the Pennsylvania case include two girls, then 12-years-old, in training bras, and a 16-year-old wrapped in a towel with her breasts exposed. The girls in this case have not been accused of distributing the photos.

But Walters said that, based on his defense of individuals involved with sexting, minors shouldn’t be punished under existing child porn laws.

“Those laws were designed to punish a very different behavior commonly engaged in by pedophiles,” he told XBIZ. “Where the 'victim' is also the producer of the material, and the perpetrator of the 'crime,' the government should recognize that this is a unique circumstance, and take a different law enforcement approach.

“Sexting is the modern equivalent of students passing love notes to each other in class. Teens communicate with each other electronically more often than verbally. These communications are sometimes erotic, and that is human nature.”

Walters, of the Altamonte Springs, Fla.-based law firm Walters Law Group, noted that some states have considered changing laws to decriminalize sexting and reduce it to misdemeanor status. But he said legislatures should pass a separate sexting law for prosecutors to use instead of existing child porn statutes.

“To punish teens exploring their sexuality in this fashion as child sex offenders is outrageous, in my view,” he said. “This is a social problem, not a criminal problem. It should be addressed by the child's family, counselors, pastors and other positive influences — not by criminal prosecution and sex offender registration.”

In the case at hand in front of a panel of the 3rd Circuit U.S. Court of Appeals, the three teenage girls and their parents brought the case to federal court after the Wyoming County district attorney threatened to charge them with child pornography if they did not attend an after-school course and write an essay on why sexting is wrong.

The lower federal court stayed prosecution, and the appeals court will have to decide whether uphold the ban.

Related:  

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

European Commission: Age Verification App Ready For Use

The European Commission’s age verification app is now technically ready and will soon be available for EU citizens to use in order to prove their age when accessing online platforms, European Commission President Ursula von der Leyen announced Tuesday.

UK House of Commons Moves to Tone Down Porn Amendments

The House of Commons has modified amendments to the U.K.’s pending Crime and Policing Bill, including provisions regulating “step” content, content featuring adults role-playing as minors, and performers’ ability to withdraw consent.

AEBN Reveals Ariel Demure as Top Trans Star for Q1 of 2026

AEBN has named its top trans stars for the first quarter of 2026, with Ariel Demure landing atop the leaderboard.

Final IRS 'No Tax on Tips' Rule Excludes Pornography

The Internal Revenue Service on Monday published final regulations on the “No Tax on Tips” provision included in the “One Big Beautiful Bill Act,” offering new tax deductions for tip workers but excluding revenue received for “pornographic activity.”

Pennsylvania Legislature Weighs 'Porn Tax' Bill

The Pennsylvania State Senate is considering a bill that would impose a 10% tax on the revenue of adult websites doing business in that state.

Trump Tariffs Refund Process to Launch April 20

U.S. Customs and Border Protection (CBP) will begin the process of refunding duties paid under the Trump administration’s sweeping program of tariffs by providing, starting April 20, an online tool for submitting refund claims.

BranditScan Rolls Out 2 New Platform Features

BranditScan has introduced its new Traffic Optimization and Doxing Protection features for creators.

NMG Management Partners With Cosplayground to Scale Distribution

NMG Management has partnered with Cosplayground to expand the studio’s digital distribution and licensing operations.

Dreamcam Adds Real-Time Speech Translation

Dreamcam has introduced Voice Translator AI to its livestreaming platform.

UK Government May Limit 'Step' Porn Ban With New Amendments

The U.K. Ministry of Justice on Friday revealed new government amendments to the pending Crime and Policing Bill, potentially limiting a planned ban on “step” content to apply only if adult performers role-play as minors.

Show More