'Sexting' Between Minors Is Not Child Porn, Walters Says

PHILADELPHIA — The issue of “sexting” is a social problem but not a criminal one, according to industry attorney Larry Walters.

Walters commented to XBIZ as a federal appeals court in Philadelphia weighs whether teenagers can be prosecuted for sexting under Pennsylvania child pornography laws.

Sexting is the widespread trend and widely criticized practice by teens of using cellphones to send sexually explicit photos of themselves.

The photos at issue in the Pennsylvania case include two girls, then 12-years-old, in training bras, and a 16-year-old wrapped in a towel with her breasts exposed. The girls in this case have not been accused of distributing the photos.

But Walters said that, based on his defense of individuals involved with sexting, minors shouldn’t be punished under existing child porn laws.

“Those laws were designed to punish a very different behavior commonly engaged in by pedophiles,” he told XBIZ. “Where the 'victim' is also the producer of the material, and the perpetrator of the 'crime,' the government should recognize that this is a unique circumstance, and take a different law enforcement approach.

“Sexting is the modern equivalent of students passing love notes to each other in class. Teens communicate with each other electronically more often than verbally. These communications are sometimes erotic, and that is human nature.”

Walters, of the Altamonte Springs, Fla.-based law firm Walters Law Group, noted that some states have considered changing laws to decriminalize sexting and reduce it to misdemeanor status. But he said legislatures should pass a separate sexting law for prosecutors to use instead of existing child porn statutes.

“To punish teens exploring their sexuality in this fashion as child sex offenders is outrageous, in my view,” he said. “This is a social problem, not a criminal problem. It should be addressed by the child's family, counselors, pastors and other positive influences — not by criminal prosecution and sex offender registration.”

In the case at hand in front of a panel of the 3rd Circuit U.S. Court of Appeals, the three teenage girls and their parents brought the case to federal court after the Wyoming County district attorney threatened to charge them with child pornography if they did not attend an after-school course and write an essay on why sexting is wrong.

The lower federal court stayed prosecution, and the appeals court will have to decide whether uphold the ban.

Related:  

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Eva Maxim, BranditScan Launch 'Killer' Promo

Eva Maxim and BranditScan have partnered for the Killer Creator Giveaway promotion.

2026 XBIZ Exec Awards Nominees for Online Industry Announced

XBIZ is pleased to announce the nominees for the online industry edition of the 2026 XBIZ Exec Awards, set to be presented as part of the annual XBIZ Honors ceremony on Wednesday, Jan. 14 in conjunction with the XBIZ 2026 digital media conference.

AEBN Publishes Report on POV Trends

AEBN has published a report on POV and gonzo categories from its straight and gay theaters.

Joybear Pictures to Launch 'I Really Love' Studio Imprint

Joybear Pictures has announced that its new studio imprint, I Really Love, will launch in January.

Pineapple Support to Host 'Life Transitions' Support Group

Pineapple Support is hosting a free online support group on navigating transitional and liminal spaces.

CamSoda Launches 'Trick or Tease' AI Companions

CamSoda has launched its Halloween-themed Trick or Tease AI companions.

Russian Lawmakers Call for Age Verification

Two Russian lawmakers have called on the country’s government to implement age verification for adult content.

British Documentary Spotlights XBIZ Amsterdam With Candid Conversations

British creator and host Josh Pieters traveled to XBIZ Amsterdam to film a documentary about the annual European adult industry conference.

XBIZ 2026 to Debut 'New Talent Go-See' Special Event

XBIZ 2026, North America’s premier adult industry conference, will debut a special event designed to help new talent jump-start their careers: the New Talent Go-See.

Penthouse Announces Digital Archive Launch

Penthouse Magazine has announced that it will launch a comprehensive digital archive in 2026.

Show More