Can You Go to Jail for Sending Pictures of Yourself? Complete Guide

In the age of digital technology sharing pictures via text messages or online has become a routine. What many aren’t aware of is that sharing certain kinds of photos of yourself could result in grave penalties for criminality, including prison time. The legality is contingent on the age of you, the content of the photo and the motive behind sharing the image. It is important to know when sharing photos of yourself cross the line into the realm of criminality under U.S. law.

1. The Key Factor: Age

If you’re younger than the age of 18, sharing naked or sexually explicit images of yourself could be considered illegal even the photos were taken by you in a way that you would have liked or shared the photos. It’s because, under federal law, and many states that any explicit sexually explicit photo of a minor is considered child pornography even if the minor was responsible for creating it.

This means:

The act of taking a naked photo of yourself in an adult is considered to be child pornography.
The sending of the photo to anyone other than yourself, or even a minor, could be viewed as selling child pornography.
The photos you own even on your personal device, could be viewed as having child pornography.

These are crimes of a felony which can result in years of prison, registration of sex offender and lifelong consequences.

For example, under 18 U.S.C. SS 2251, making child pornography could result in the minimum penalty which is up to 15 years imprisonment in federal prison. While certain states do have “sexting laws” that reduce penalties for minors who share explicit pictures with minors, penalties could still include community service, probation, or being added to the juvenile offender list.

2. Adults and Consensual Photo Sharing

If you’re over the age of 18 typically, you are legally entitled to send and take pictures of yourself, even naked pictures, provided that:

The recipient is an adult (18plus) and
Images are transmitted by consensus.

However, the issue arises when consent or intent is an issue. There is a possibility of being sentenced to jail If:

If you send uninvited explicit images (which could be prosecuted for sexual inflicted harassment or as obscenity).
You post or share photos of another person’s private images without their permission (“revenge porn”) This is illegal in virtually each U.S. state.
If you send explicit content to a minor and it is considered to be a as distribution of material that is obscene to minors, which is which is a state and federal crime.

Under 18 U.S.C. SS 1470, sending sexually explicit material to anyone younger than 16 may be punished with the possibility of up to 10 years of prison.

3. When It’s a Crime Even Without Nudity

Even if your images aren’t completely naked there’s a chance to be legal issues if they contain sexually explicit content that involve minors. Courts have made it clear that certain pictures, such as those of minors partially clothed with provocative poses — can be classified as child exploitation content according to the context.

Furthermore, if images are used to annoy or intimidate anyone (such in “sextortion”), the person who sent the images could be charged federally for coercion or exploitation regardless of whether all participants are adults.

4. Protecting Yourself Legally

To remain in the good side of law

Never send or have explicit photographs of anyone who is under 18 years of age.
Always obtain a written consent prior to sending intimate or personal photos.
Beware of storing sensitive images on insecure or shared devices.
If you’re a responsible parent, discuss with your child about the social and legal implications associated with “sexting.”

Be aware that intent is crucial, but age and consent are more important.

5. Final Thoughts

Although sending photos of yourself can seem harmless and even personal, U.S. law treats certain kinds of photos–particularly those that involve minors – with a zero tolerance. Adults also risk the possibility of jail time if they breach the boundaries of consent and harassment or even obscenity.

In simple terms: Yes you could go to prison for sharing images of yourself based on the content and the age of the sender and recipient as well as the conditions that the pictures are distributed.

If you are unsure take a second to think before hitting send. Once a picture is shared it is no longer yours to decide the location it is shared. In some instances, you may lose your freedom too.