'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

California Governor Signs Bill Limiting CIPA Claims

Governor Gavin Newsom has signed into law a bill to narrow the scope of the California Invasion of Privacy Act (CIPA), to prevent abusive lawsuits targeting online businesses, including adult websites.

California Enacts Stricter UGC Rules for Adult Sites

Governor Gavin Newsom has signed into law a bill to impose tighter compliance standards for user-generated content (UGC) on adult websites accessible in California.

UK Aims to Begin Enforcing 'Choking' Ban Before Year's End

The U.K. will soon begin enforcement of a new law criminalizing depictions of “non-fatal strangulation” in adult content, according to a Ministry of Justice official.

XBIZ LA Conference Website Now Live, Registration Open

The event website for the XBIZ LA conference is now live, offering comprehensive information about the upcoming event, taking place Jan. 7-10 at the JW Marriott L.A. LIVE.

CrakRevenue Launches Mobile App for Real-Time Affiliate Alerts

CrakRevenue has launched Aff Companion, a mobile app that sends affiliates real-time notifications about clicks, conversions, and revenue.

Goddess Lilith Launches New Official Website Through PAYSITE

Goddess Lilith has rolled out her new official site, QueenGoddessLilith, through PAYSITE.

Pineapple Support to Host 'Reclaiming Intimacy' Support Group

Pineapple Support is hosting a free online support group for performers with trauma-impacted intimacy issues.

Ofcom Cites Web Prime, Porntrex for Alleged AV Violations

U.K. media regulator Ofcom on Tuesday notified two operators of adult websites of the agency’s provisional determination that the companies have failed to comply with provisions of the Online Safety Act.

FSC: Utah Excise Tax on Adult Content Goes Into Effect October 1

The Free Speech Coalition (FSC) has issued an advisory that the Utah Excise Tax goes into effect tomorrow.

Segpay Parent Company Names David Press to Board

Segpay parent company Toccata Inc. has named payment industry veteran David Press to its board of directors.

Show More