In today’s digital world, the line between personal privacy and criminal liability can blur quickly—especially when it comes to sharing nude images. Whether you’re a teenager experimenting with your phone or an adult navigating online dating, understanding when sending nudes becomes a crime in Maryland is critical.
💡 Is It Illegal to Send Nudes in Maryland?
The answer depends on three key factors:
- Age of the people involved
- Whether the images were consensual
- How the images were shared
Let’s break each down.
🔞 Sending Nudes When a Minor Is Involved
Under Maryland law, it is a felony to create, possess, or distribute sexual images of anyone under the age of 18—even if the person is a minor themselves.
That means:
- A 17-year-old sending a nude selfie to another 17-year-old can still face child pornography charges.
Relevant statutes:
- Maryland Criminal Law § 11-207 (Possession of child pornography)
- Maryland Criminal Law § 11-208 (Distribution of child pornography)
Penalties may include:
- Up to 10 years in prison
- Registration as a sex offender
- Permanent criminal record
Even if it feels consensual, the law doesn’t treat it that way when minors are involved.
🔒 Sending or Sharing Nudes Without Consent (Revenge Porn)
Maryland takes nonconsensual sharing of intimate images seriously.
Under Maryland Criminal Law § 3-809, it is a misdemeanor to intentionally distribute a nude or sexual image without the subject’s consent, when:
- The person had a reasonable expectation of privacy, and
- The image was meant to remain private.
In 2025, this law was expanded under Senate Bill 360 to include deepfakes and AI-generated explicit images. Now, even synthetic images that depict someone in a sexual context without their consent are covered.
Penalties:
- Up to 2 years in jail
- Up to $5,000 in fines
- Potential civil liability for damages
This law applies regardless of age, gender, or relationship history—including ex-partners, casual acquaintances, or complete strangers.
⚖️ What If Both Parties Are Adults and Consent?
If two adults voluntarily share explicit images with each other in private, it is not illegal under Maryland law.
But problems arise when:
- One person forwards or posts the image without permission
- The images are used for blackmail or coercion
These scenarios can trigger serious charges like harassment, extortion, or even stalking.
🧠 What Is Sextortion?
Sextortion happens when someone threatens to expose your nude images unless you:
- Send more images
- Pay them money
- Do something else you don’t want to do
This is a felony in Maryland and may be charged under laws related to:
- Extortion (MD Criminal Law § 3-701)
- Blackmail
- Cyberharassment
Whether the victim is a minor or an adult, law enforcement takes sextortion seriously—and you should too.
✅ Summary: When Is Sending Nudes a Crime?
| Situation | Crime? | Possible Charges |
|---|---|---|
| Two consenting adults share images | ❌ No | None |
| Minor sends/receives images | ✅ Yes | Child Pornography |
| Shared without consent | ✅ Yes | Revenge Porn (MD § 3-809) |
| Threats to leak images | ✅ Yes | Extortion, Harassment |
📍 What If You’re Being Investigated?
If you’ve been accused of sending or receiving illegal images, or if someone shared your images without consent, you need to speak to an attorney immediately.
At Southern Maryland Criminal Defense, we handle cases across Charles, Calvert, St. Mary’s, and Prince George’s Counties. These cases are complex and highly sensitive. The wrong move can change your life forever.
📞 Contact us today for a confidential consultation
Let us help you protect your future.
