How Arizona Handles Sexting and Teen Sexting Laws
Sexting—the sending and receiving of sexually explicit messages, photos, or videos electronically—has become increasingly common among teenagers in Arizona. But while many teens think of it as a private act, Arizona law treats sexting with a minor far more seriously than most people realize. Even consensual teen sexting between two minors under the age of 18 can result in felony charges under the state’s child pornography laws.
At Kolsrud Law Offices, we’ve represented numerous clients—both minors and young adults—who never imagined that a single sext or sexually explicit image could result in serious criminal charges. Parents or guardians are often stunned to learn that their child could face penalties for sexting that include probation, detention, or even years in prison. In some cases, a sexting conviction could result in mandatory sex offender registration.
This article discusses the following:
- Arizona’s Sexting Laws and Statutes That Apply
- How Teen Sexting Cases Are Handled in Juvenile and Adult Court
- Penalties for Sexting in Arizona
- Real-World Examples of Teen Sexting Cases in Arizona
- Common Defense Strategies Against Sexting Charges
- Related Criminal Charges in Sexting Cases
- FAQs About Teen Sexting Laws in Arizona
- Important Things to Remember
- How Kolsrud Law Offices Can Help
This article explains how Arizona handles sexting charges, what statutes prosecutors use, what penalties a minor can face, and how an experienced defense attorney, such as Josh Kolsrud of Kolsrud Law Offices, can help. We’ll also cover teen sexting laws, real-world examples, and why early legal assistance is critical.
Arizona’s Sexting Laws and Statutes That Apply
While Arizona has no single statute that specifically addresses sexting, prosecutors rely on existing laws to charge these cases. The most common is sexual exploitation of a minor under (ARS § 13-3553), which makes it illegal to possess sexually explicit material involving minors under the age of 18. Even a single explicit image of a minor engaged in sexual conduct can lead to felony charges.
Other statutes include:
- Luring a Minor for Sexual Exploitation (ARS § 13-3554) — prohibits using any form of electronic communication device to entice a minor under the age of 18, the age of consent in Arizona, to engage in sexual conduct.
- Sexual Conduct with a Minor (ARS § 13-1405) — while this usually involves physical contact, in certain sexting with a minor cases, prosecutors have argued that arranging sexual acts or exchanging sexual material electronically can fall under this statute.
- Distribution of Child Pornography — occurs when explicit images of minors are shared with others, even if both parties are teenagers under the age of 18.
Arizona’s laws prohibit the possession, distribution, or creation of sexually explicit images of minors, even if both participants are minors. This means a teenager could be charged with sexual exploitation of a child for sending an explicit selfie to another teenager.
How Teen Sexting Cases Are Handled in Juvenile and Adult Court
In Arizona, the court that handles a sexting offense depends on the age of the accused, the facts of the case, and the severity of the charges.
- Juvenile Court
Juvenile sexting cases are generally handled in juvenile court when both parties are under the age of 18. A juvenile can face adjudication of delinquency, probation, community service, counseling, or detention. In rare cases, juveniles may be placed in a diversion program to avoid a permanent record. - Adult Court
If the accused is 18 or older, or if prosecutors believe the facts of the case justify it, charges can be filed in adult court. Adults who sext with minors or possess sexually explicit material involving minors must register as a sex offender if convicted. Penalties for sexting in adult court can include prison terms ranging from a year in jail to 12.5 years in prison per count.
Even if a teenager tried to delete or takes reasonable steps to destroy the image, prosecutors may still pursue criminal charges if the material once existed.
Penalties for Sexting in Arizona
Penalties for sexting depend on the exact charge, the number of explicit images involved, and whether the case is in juvenile or adult court. Each explicit image can be a separate count, and in felony cases, sentences often run consecutively.
Arizona Sexting Charges and Sentencing Overview
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Real-World Examples of Teen Sexting Cases in Arizona
Example 1 – High School Couple in Mesa
A 17-year-old and his 16-year-old girlfriend engaged in sexting and exchanged explicit images electronically via text messages. When the girl’s parents discovered the photos, they contacted law enforcement. The boy was charged with sexual exploitation of a minor and faced the possibility of 10 years in prison per image. The case was handled in juvenile court, resulting in probation and community service, but the minor can face lasting consequences on his record.
Example 2 – Snapchat Group Case in Phoenix
A group of teenagers under the age of 18 shared explicit images in a private group chat. When one image was forwarded outside the group, police got involved. Several members were charged with possession of sexually explicit material involving a minor. While some entered a diversion program, one teenager over the age of 18 was charged with a felony in adult court and required to register as a sex offender.
Common Defense Strategies Against Sexting Charges
Attorney Josh Kolsrud uses his experience as a former federal prosecutor to identify weaknesses in the state’s case. Potential defenses include:
- Lack of Knowledge — Proving the accused did not know the image depicted a minor or did not knowingly possess the explicit material.
- Unlawful Search and Seizure — If law enforcement searched a phone without a valid warrant, any sexually explicit evidence could be suppressed.
- Mistaken Age — In rare cases, the accused may have reasonably believed the other person was over the age of 18.
- No Sexual Conduct Depicted — The explicit image of a minor must meet statutory definitions to qualify as sexual exploitation of a child.
- Constitutional Rights Violations — Statements taken without Miranda warnings or coercive tactics may be excluded.
Because the penalties for sexting are severe, early legal assistance is critical to protecting your rights.
Related Criminal Charges in Sexting Cases
Sexting charges often come alongside related offenses such as:
- Obscene Material Transmission (ARS § 13-3507)
- Harassment or Cyberbullying (ARS § 13-2921)
- Indecent Exposure (ARS § 13-1402)
- Extortion (ARS § 13-1804) if images are used for threats
These related charges can result in additional fines, probation, or jail or prison time.
FAQs About Teen Sexting Laws in Arizona
Is teen sexting illegal if both teens consent?
- Yes. Arizona’s laws regarding sexting make it illegal for minors under the age of 18 to send or receive sexually explicit images of other minors, even with consent.
- Yes. Arizona’s laws regarding sexting make it illegal for minors under the age of 18 to send or receive sexually explicit images of other minors, even with consent.
Can a juvenile sexting case be reduced to a misdemeanor?
Juvenile sexting charges, under certain conditions, may be designated as misdemeanors or petty offenses pursuant to ARS § 8-341, or handled in a diversion program.
Could I be charged if I receive an unsolicited explicit image?
Yes, but if you immediately delete it and took reasonable steps to destroy the image, your defense is stronger.
What if I am over 18 and receive an explicit image from someone under 18?
Adults who sext with minors could be charged with sexual exploitation of a minor and may be required to register as a sex offender.
Does deleting the image protect me?
Even if a person deletes an explicit image, they may still be charged with possession under ARS § 13-3553, as the crime is based on possession, not the retention of the image.
Do I need an attorney if I am investigated for sexting?
Absolutely. You should ask for a public defender if you cannot afford one, but hiring an experienced defense attorney gives you a stronger chance of avoiding a sexting conviction.
Important Things to Remember
- Sexting with a minor can result in serious criminal charges.
- Penalties for sexting include probation, detention, and years in prison.
- Juvenile sexting cases can still result in a permanent record.
- A minor can face multiple counts for each explicit image.
- Legal assistance early in the case is essential.
How Kolsrud Law Offices Can Help
If you or your child is facing sexting charges in Arizona, it’s important to act quickly. Sexting laws in Arizona can lead to severe penalties—including felony convictions, prison time, and mandatory sex offender registration—that can have lasting impacts on your record, education, employment, and future opportunities.
Attorney Josh Kolsrud has handled over 3,500 cases and more than 100 trials throughout his career. As a former federal prosecutor and senior trial attorney, he understands exactly how Arizona courts and law enforcement agencies approach cases involving sexting with a minor, juvenile sexting, and related child pornography laws. He uses that experience to challenge the evidence, question investigative methods, and negotiate with prosecutors to protect your rights.
At Kolsrud Law Offices, every case is handled personally by Josh Kolsrud—not passed off to a junior associate. Whether your situation involves allegations of sending or receiving explicit images, luring a minor, or possession of sexually explicit material, you can trust Josh to guide you through every step of the legal process and fight for the best possible outcome.
To schedule your free, confidential consultation, call (480) 680-9769 or visit https://kolsrudlawoffices.com today.
An award-winning criminal defense attorney Since 2006
Why Choose Josh Kolsrud
With over 100 trials to his name, and years of experience as a state and federal prosecutor, Josh understands the law, the legal process, and your rights. Josh is also committed to representing every client with utmost integrity and dedication
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Josh has prosecuted major crimes on the state and federal level, led a successful anti-human sex trafficking operation that saved lives, and argued before countless juries and justices for his clients
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Josh is an expert in both Arizona and federal criminal law, and is ready to put that expertise to work for you.
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As a prosecutor, Josh saw far too many defendants lose their livelihood due to poor representation. Josh will always give every client his complete attention and effort
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