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If the photos are of a sexual nature and were intentionally sent, then that could be considered a crime if the goal is to solicit the minor into some type of sexual act or if it is done for purposes of sexual gratification. The person can be charged with transmitting harmful material to a minor and using a computer to solicit a child.
So yes, if convicted, these are normally charged a felonies and can carry penalties of 5 years or more in jail.