It follows that sexting and possessing a sext of a minor is illegal. Nudity is not enough for a finding that an image is lascivious, but clothing does not mean a photo is in the clear: "a photograph of a naked girl might not be lascivious depending on the balance of the remaining Dost factors , but a photograph of a girl in a highly sexual pose dressed in hose, garters, and a bra would certainly be found to be lascivious. Under current law, the legal question of whether speech is obscene is determined partly by reference to local community standards. Advertisement - Continue Reading Below. That's why you have to download a whole new app to send nudes. And finally, if you have a distinguishable feature, like a birthmark or a tat, cover it up.
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This is legal. When sexting occurs between two minors, state law varies in how to prosecute these cases. A federal law, 18 U. Maybe just wait a few years and then send all of the nudes you want. For example, ten states including Utah, Florida, and Georgia have felony provisions for sexting.
