(a) Definitions. The following terms shall have the meanings indicated:
(1) Harmful to Minors.
Any reproduction, imitation, characterization, description, exhibition, presentation, or representation, of whatever kind or form, depicting nudity, sexual conduct, or sexual excitement when it:
a. Predominantly appeals to a prurient, shameful, or morbid interest;
b. Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material or conduct for minors; and
c. Taken as a whole, is without serious literary, artistic, political, or scientific value for minors.
(2) Minor.
Any person under the age of eighteen (18) years of age.
(3) Nudity.
The showing of the human male or female genitals, pubic area, or buttocks with less than full opaque covering; or the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple; or the depiction of covered male genitals in a discernibly turgid state. A mother's breastfeeding of her baby does not under any circumstances constitute "nudity", irrespective of whether or not the nipple is covered during or indicental to feeding.
(b) Prohibited Conduct. A minor commits the offense of sexting by knowingly:
(1) Using a computer, cellphone, or any other device capable of electronic data transmission or distribution to transmit or distribute to another minor any photograph or video of any person which depicts nudity and is harmful to minors;
(2) Possessing a photograph or video of any person that was transmitted or distributed by another minor which depicts nudity and is harmful to minors. A minor does not violate this Subsection if any of the following apply:
a. The minor did not solicit the photograph or video;
b. The minor took reasonable steps to report the photograph or video to a school or law enforcement officials; and
c. The minor did not transmit or distribute the photograph or video to a third party other than a school or law enforcement official.
(3) Using a computer, cellphone, or any other device capable of electronic data transmission or distribution to transmit or distribute to another minor any text, correspondence, or message of a sexual nature when it:
a. Predominantly appeals to a prurient, shameful or morbid interest;
b. Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material or conduct for minors;
c. Taken as a whole, is without serious literary, artistic, political, or scientific value for minors; and/or
d. Soliciting the transmission or distribution of any correspondence, text, message, photograph or video from another minor that would itself be prohibited by this Section.