Any electronic transmission of sexually explicit materials where another person is nude, semi-nude, or sexually suggestive.
What does “Electronic Transmission” mean?
Examples: email, cell phone, texting, web-chat, instant message, mobile app, web page, etc.
Sexting and the Law:
Prior to January 1, 2018, in Colorado a prosecutor was required to charge a minor with a FELONY, regardless of it was consensual sexting or not. Thanks to the Colorado State Legislature passing House Bill 17-1302, a prosecutor now has more legal options before charging a juvenille. Some of the options include taking into consideration age, frequency and the motives behind the action. For example, was a sexually explicit picture of a minor forwarded to friends in hopes of inflicting embarrasment and shame, or, were sexually explicit pictures mutually shared between two juveniles who are in a committed relationship. Although both scenarios are illegal, now multiple factors can be considered before a prosecutor determines legal recourse.
As a rule, it is best for a juvenille to never take or send a picture if it shows an area of the body that would not be covered up by a bathing suit.
For more information on Colorado's sexting laws, the Colorado School Safety Resource Center (CSSRC) offers a free course called "Sexting:What You Need To Know" which can be found by clicking here: https://www.colorado.gov/pacific/cssrc/sexting
- You’re post may not remain private: messages and images always have the possibility to be passed around.
- Once you send it, it will never truly go away. Even if you delete it, you have no control over who may have copied it and posted elsewhere.
- A majority of teens report having sent or post sexually suggestive or nude photos because of peer pressure. Don’t give in to the pressure to do something that makes you uncomfortable.
- Try to consider the recipient’s reaction. Just because a message is meant to be fun doesn’t mean the person who gets it will see it that way.
- Do you really know the person you are sending it to? Nearly one in five young people who send sexually suggestive messages and images, do so to people they only know online (18% total, 15% teens, 19% young adults).
Remember: once you send it or post it online, you can never get it back.
Make a Report
When you know someone is engaging in sexting or someone who is using illicit pictures to blackmail another person, you can always make a report to Safe2Tell™ Colorado. Call 1-877-542-7233, make a web report using the submit a tip button to the left, or download the Safe2Tell Colorado mobile app on the Apple Store or Google Play.
 The National Campaign to Prevent Teen and Unplanned Pregnancy. (2008). Sex and Tech: Results from a Survey of Teens and Young Adults. Washington, DC: Author