Vermont Sexting Laws: Legal Consequences and Penalties
Vermont Teen Sexting Law (§ 2802b)
Vermont enacted its teen sexting law to address the growing concern of young people facing felony child pornography charges for consensual sexting behavior. Under 13 V.S.A. § 2802b, "Minor electronically disseminating indecent material to another person," a minor commits a civil violation if they:
- Knowingly and voluntarily use a computer or electronic communication device
- To transmit an indecent visual depiction of themselves to another person
This provision applies only when the minor depicted is the one sending the image and the exchange is consensual.
Requirements for Civil Treatment
For the offense to be treated as a civil violation rather than a crime, the following must be true:
- The image is of the sender (self-produced)
- The sender is a minor
- The transmission was voluntary
- There was no coercion involved
Civil Citation Process
When a teen sexting case qualifies for civil treatment:
- Maximum penalty: Civil fine of up to $300
- No criminal record: A civil citation does not result in a criminal conviction
- No sex offender registration: Civil violations do not trigger registration requirements
- Diversion programs: Courts may order educational programs about digital safety and the risks of sexting
Child Pornography Laws
When teen sexting does not qualify for civil treatment, or when adults are involved, Vermont's child pornography laws apply. Under 13 V.S.A. § 2821-2828:
Sexual Exploitation of Children (§ 2822)
- Producing or promoting child sexual abuse material: Up to 10 years imprisonment
- Knowingly possessing child sexual abuse material: Up to 5 years imprisonment
Soliciting Child Pornography
Adults who solicit minors to produce sexual images face felony charges with significant prison sentences.
Revenge Porn Laws (§ 2606)
Vermont has a comprehensive revenge porn statute at 13 V.S.A. § 2606, "Disclosure of sexually explicit images without consent." This law prohibits:
- Knowingly disclosing a visual image of an identifiable person who is nude or engaged in sexual conduct
- Without the consent of the depicted person
- With intent to harm, harass, intimidate, threaten, or coerce the depicted person
A first offense is a misdemeanor punishable by up to 2 years imprisonment and a $2,000 fine. Subsequent offenses or aggravated circumstances can result in enhanced penalties.
Defenses and Exceptions
Consensual Teen Sexting
As noted, Vermont provides a civil penalty track for minors who voluntarily send self-produced images to others.
Prompt Deletion
While not a statutory defense, evidence of immediately deleting unsolicited images may influence whether criminal charges are pursued.
Age Proximity
Vermont's civil citation approach for teen sexting reflects consideration of age proximity, though this is built into the statute rather than being a separate defense.
Juvenile Court Considerations
Minors charged under Vermont's criminal statutes (rather than the civil citation track) may have their cases heard in family court rather than adult criminal court. Family court proceedings focus on rehabilitation and may result in:
- Counseling requirements
- Educational programs
- Community service
- Probation with conditions
More Vermont Laws
Sources and References
- Vermont Bar Association(www.vtbar.org)
- Vermont Legal Aid(www.lawlinevt.org)
- Vermont Statutes Online(legislature.vermont.gov).gov
- National Center for Missing & Exploited Children(www.missingkids.org)
- Cyber Civil Rights Initiative(www.cybercivilrights.org)