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Some states have enacted defenses against child pornography charges for (sometimes including kids up to 19 years old) who engage in sexting, but such defenses do not apply to older adults.

For example, one young man was charged with possessing child pornography because he had on his cell phone nude photos of his 16-year-old live-in girlfriend, who was also the mother of his child.

Second, an adult who sends a nude or sexual photo of him or herself to a child could also be convicted of a crime.

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Usually, child enticement convictions also result in sex offender registration. In some states, these crimes are misdemeanors (punishable in most states by up to one year in jail).The legality of cybersex will vary, as certain internet service providers and chat rooms will monitor and prohibit cybersex from occurring in their services.However, cybersex is considered illegal in the situation in where an adult engages in cybersex with a minor.Sexting is the sharing of nude or sexually explicit messages or photos, usually by cell phone or some other electronic device or means.Certain states have laws specific to sexting between minors.This also includes not necessarily the actual act of cybersex, but also the solicitation to engage in cyber activities.

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