What Is Sexting and Why Does It Matter Legally?

In the realm of teen communications, sexting refers to the sharing of sexually explicit images or messages using digital devices—most commonly phones. What many families don’t know is that in Michigan, sexting—especially when it involves images (even selfies)—can fall under the category of child pornography.

Let’s make one point very clear: even when two teens consent to send or receive these images, the law doesn’t treat it as a harmless teenage mistake. Michigan law is strict, and the courts do not consider consent as a valid defense in these cases involving minors. If your high school junior or senior sends a nude photo to their boyfriend or girlfriend, both the sender and recipient could be committing a felony.

Michigan Sexting Laws: The Basics

Michigan’s legislation was drafted to protect children from exploitation, including the distribution of sexually explicit content. Unfortunately, the law can apply to teens sharing images of themselves or their peers.

Under Michigan law, these are the key statutes that come into play with teen sexting cases:

• MCL 750.145c: This law deals with child sexually abusive material. Possession, distribution, production, or even the act of asking for such material can be charged as a felony.
• MCL 722.675: The Parental Internet Control Act requires service providers to report any discovered child sexually abusive material, leading to police involvement much quicker than most parents realize.
• MCL 750.145d: Accusations of using a computer or telecommunications device for criminal sexual conduct or to entice a minor can pile on even more serious charges.

If a teen saves a nude selfie on their phone or forwards one to a friend—even as a joke—they could be charged with possession or distribution of child pornography. Not only does this carry prison time, but it could also land them on the sex offender registry, hindering employment, education, and housing for life.

Can Sexting Really Be a Felony for a Teen?

Yes. And it often surprises parents just how serious these charges can be. Here’s how these charges typically break down:

• Possession: A teen having a sexual image of another minor (even their partner) can face felony charges punishable by up to 4 years in prison and fines up to $10,000.
• Distribution: Forwarding the image can lead to additional felony charges with even harsher penalties (up to 7 years in prison).
• Manufacturing: Taking the photo (even of oneself) with the intent to share it could be seen as manufacturing child sexually abusive material—a crime punishable by up to 20 years in prison.

Even worse? Adding someone to a group chat where these images are circulating, saving a file to cloud storage, or having them backed up on a messaging app can be enough to trigger charges. Today’s smartphones, apps, and cloud backups can build an overwhelming amount of digital evidence without the teenager even realizing it.

What If Both Teens Consented?

This is probably the number one question we get from concerned parents. Unfortunately, Michigan law doesn't consider consent as a valid defense when minors are involved. Whether it's a 14-year-old and a 15-year-old or two 17-year-olds in a committed relationship, sexting is still illegal if it involves any images.

Michigan courts have stressed time and time again that the intent of the minor does not excuse the behavior under child pornography statutes. Prosecutors may be more lenient in offering diversion programs or reduced charges, but the existence of a crime is typically not challenged based on consent alone.

Real-Life Consequences for Michigan Teens

We’ve seen cases across the state where teens have suffered significant consequences—some emotionally devastating—because of one image or one forward. In past cases we've handled, students have faced the risk of prison, registration as a sex offender, and even expulsion from school as a result of these charges.

Another crucial detail: the charges don’t just affect the accused minor. Parents have faced scrutiny, investigations, and even criminal charges in extreme situations involving neglect or failing to monitor online behavior. These investigations can become incredibly intrusive and stressful for your entire household.

Are There Teen Sexting Diversion Programs in Michigan?

Fortunately, yes. Some counties in Michigan have created diversion and education programs for certain minor sexting cases. Prosecutors may offer pre-trial diversion for first-time offenders, allowing the teen to avoid jail, a conviction, or sex offender registration.

Programs can include:

• Education on the consequences of sexting and digital boundaries
• Community service
• Probation monitoring
• Counseling or family therapy depending on the circumstance

However, participation in these programs is not automatic. It takes an experienced criminal defense attorney to advocate for your child, explain the situation to the prosecutor, and fight to keep your child out of the justice system.

How Can Parents Protect Their Teens?

It all starts with education. Make sure your teens know the legal risks of sexting. Conversations about peer pressure, respect, consent, and long-term impact should happen early and often. Encourage your teen to resist requests for nude photos and avoid sharing or forwarding anything explicit—even if it’s meant “as a joke.”

Many teens don't understand that once a photo leaves their phone, they have no control over it. It can be screenshotted, forwarded, or saved forever. Even deleted Snapchats can be retrieved through legal search warrants during investigations.

Teach your teen that saying “no” to sending explicit images isn’t just smart—it’s the law. Peer pressure from classmates, dates, or online acquaintances is no defense in Michigan.

What to Do If Your Teen Is Charged

If your teen has been contacted by police about a sexting incident, do not let them talk without an attorney present. Call an experienced criminal defense attorney immediately. Anything they say—even if it appears innocent—can be used against them.

Our office has helped numerous teens avoid felony charges and even get their cases dismissed entirely. We understand how to navigate these sensitive and emotional cases while protecting your child’s legal and personal future.

Call Michigan criminal defense lawyer Aaron J. Boria at (734) 453-7806 for a free consultation. We know how prosecutors think. We can negotiate on your behalf, file motions to suppress digital evidence, and push for the best possible resolution—including potential dismissal, reduced charges, or diversion.

Sentencing and Judicial Discretion in Michigan

When teen sexting cases make it to court, Michigan judges do have some discretion—especially in district courts and juvenile proceedings. Some district judges are more inclined to offer leniency or pretrial intervention, while others are strict and may proceed aggressively with felony charges.

That’s why your choice in legal counsel matters. A local criminal defense attorney who understands how different judges approach these cases can help plan a better defense and set realistic expectations for your case outcome.

Why Hiring a Michigan Criminal Defense Attorney Matters

Teen sexting cases aren't just about what happened—they're about what's provable in court, how it was discovered, and who controls the narrative. Prosecutors are not obligated to look at the humanity behind your child’s actions. That’s your lawyer’s job.

You need a defender who knows how to explain your child's actions accurately, challenge improper police procedures, and expose the weaknesses in the government’s case. And that’s exactly what we do at our firm.

Learn more about how we’ve successfully defended teens, and explore all your legal options on our criminal defense resource hub.

Conclusion

Sexting is common—but that doesn't make it safe, and in Michigan, it certainly isn't legal when it involves minors. With the potential for felony charges, sex offender registration, and lifelong consequences, parents must take these matters seriously.

If your teen is under investigation or facing charges related to sexting, do not delay. Early intervention is the critical difference between a teachable mistake and a life-altering conviction.

Contact Aaron J. Boria today at (734) 453-7806 for a free and confidential consultation. We’ll walk you through the process and fight to protect your child’s record and future from lasting harm.