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Sexting Laws in Georgia

How Georgia law treats sexting by minors: what is illegal, whether it is a misdemeanor or felony, and the penalties, from the state code.

Short answer: Georgia's child sexual exploitation law excludes a person who creates or possesses images showing only themselves. O.C.G.A. § 16-12-100(d)(3), (f)

Sexting by minorsGeorgia's child sexual exploitation law excludes a person who creates or possesses images showing only themselves. Certain offenses (including creating, distributing or possessing images of a minor) are reduced to a misdemeanor when the minor pictured was at least 14 and agreed to the image being made, the defendant was 18 or younger, and the image was either not shared or (with the court's and prosecutor's agreement) was not shared to harass, intimidate or embarrass the minor or for commercial purposes. Otherwise these offenses are felonies with 5 to 20 years in prison.
Unless a statute says otherwise, a misdemeanor is punished by up to 12 months and a $1,000 fine, and a misdemeanor of a high and aggravated nature by up to 12 months and a $5,000 fine (O.C.G.A. §§ 17-10-3, 17-10-4). Read on codes.findlaw.com (a public copy of the official code); check against the official code.

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FAQ

What are the sexting laws for minors in Georgia?
Georgia's child sexual exploitation law excludes a person who creates or possesses images showing only themselves. Certain offenses (including creating, distributing or possessing images of a minor) are reduced to a misdemeanor when the minor pictured was at least 14 and agreed to the image being made, the defendant was 18 or younger, and the image was either not shared or (with the court's and prosecutor's agreement) was not shared to harass, intimidate or embarrass the minor or for commercial purposes. Otherwise these offenses are felonies with 5 to 20 years in prison.
Can I get a court-appointed lawyer for sexting by minors in Georgia?
Georgia's rule on court-appointed lawyers: Applicants must complete and sign an application and verification and are interviewed at the detention center or the public defender's office. Income standards under O.C.G.A. § 17-12-2, as stated by the public defender office: for misdemeanors, probation violations and county or municipal offenses, a person who 'earns less than 100 percent of the federal poverty guidelines'; for juveniles, those 'whose parents earn less than 125 percent of the federal poverty guidelines'; for felonies, 'less than 150 percent of the federal poverty guidelines' — each with an exception for people with other resources that could reasonably pay for a lawyer, and no one with income above 150 percent of the federal poverty level is considered indigent. Application fee: Georgia law requires every person who applies for public defense services 'to pay the Public Defender Office a single fee of $50'; 'The court shall waive this fee if it finds that you are unable to pay the fee or that hardship will result if the fee is charged.' Attorney fees for court-appointed representation may also be imposed by the court at sentencing. O.C.G.A. §§ 15-21A-6(b), 17-12-2 (as quoted by the Chatham County Public Defender Office, Eastern Judicial Circuit)
How much does a lawyer for sexting by minors cost in Georgia?
Lawyers set their own fees, and Georgia has rules on how they may charge. See hiring a criminal defense lawyer in Georgia for fee rules, how to check a lawyer's license and free help.
Can a conviction for sexting by minors be removed from my record in Georgia?
Each state sets its own rules for sealing or expunging records. See Georgia expungement and record sealing rules.

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.