'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

SWR Data Publishes 'Clip Trend' Report

Adult industry market research outfit SWR Data has published a report on the performance of clip platforms and sales.

Another German Court Rejects Blocking Orders Against Pornhub, YouPorn

A German court has blocked the Rhineland-Palatinate Media Authority (MA RLP) from forcing telecom providers based within the court’s jurisdiction to cut off access to Aylo-owned adult sites Pornhub and YouPorn.

Ofcom Fines Kick Online Entertainment $1 Million for AV Noncompliance

U.K. media regulator Ofcom on Thursday fined Kick Online Entertainment 800,000 pounds (more than $1 million) for failing to implement age checks as required for compliance with the Online Safety Act.

FSC Details Legislative Outlook for 2026

The Free Speech Coalition (FSC) has laid out the legislative outlook for the industry in 2026.

AEBN Publishes Popular Searches by Country for December, January

AEBN has released the list of popular searches from its straight and gay theaters, by country, for December and January.

Jim Austin Joins CrakRevenue Team

Online industry veteran and business strategist Jim Austin has been hired by CrakRevenue.

Judge Dismisses NCOSE-Backed Suits Against Adult Sites Over Kansas AV Law

A federal judge on Tuesday dismissed lawsuits brought against two adult websites in Kansas for alleged violations of the state’s age verification law.

Aylo/SWOP Panel Spotlights Creators' Struggle for Digital, Financial Rights

Aylo and Sex Workers Outreach Project (SWOP) Behind Bars presented, on Tuesday, an online panel on creators’ rights, debanking and deplatforming.

AV Bulletin: Canada, Italy, Australia Updates

Since the Supreme Court’s decision in Free Speech Coalition v. Paxton, more state age verification laws have been enacted around the United States, as well as proposed at the federal level and in other countries. This roundup provides an update on the latest news and developments on the age verification front as it impacts the adult industry.

Holly Randall Soft Launches 'Wet Ink' Magazine

Holly Randall has officially soft-launched the creator-focused publication Wet Ink Magazine.

Show More