Georgia made it a misdemeanor for someone at least 14 years old to send a sexually explicit photograph to someone 18 years old or younger, if the purpose of distributing it was not for harassing, intimidating, or embarrassing the minor depicted, or for any commercial purpose. 20 With this statute, Georgia reduced the charges and punishment for minors involved in sexting. This conviction would come with a sentence of 5 to 20 years’ imprisonment and fines up $100,000.
South Dakota enacted legislation in 2012, establishing the definition of sexting and declaring it a misdemeanor: No minor may intentionally create, produce, distribute, present, transmit, post, exchange, disseminate, or possess, through any computer or digital media, any photograph or digitized image or any visual depiction of a minor in any condition of nudity, or involved in any prohibited sexual act. 21]. South Dakota also specified that it would be an affirmative defense if the minor had not solicited the visual depiction and does not “subsequently distribute, present, transmit, post, print, disseminate, or https://hookupdate.net/local-hookup/houston/ exchange the visual depiction, and that the minor deletes or destroys the visual depiction upon receipt.” Creating an image of oneself without ever distributing the image was also established as an affirmative defense.