Does the age of consent apply to sexting?

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Does the age of consent apply to sexting?

I started texting this girl; I am 26 and she is a senior in high school. I thought she was a young college student, as I too go to college. What could happen to me? However, I do know that the age of consent in my state is 16 but is that the same for sexting? Is there a difference is she was 18 versus 17?

Asked on April 13, 2013 under Criminal Law, Montana

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Under the laws of most states in this country the age to consent to "sexting" ordinarily is 18 years of age when the communication is between a person above 18 years of age and one below that level. "Sexting" between underage people ordinarily is not a crime so long as it is consensual.


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