SEXTING IS A SEX CRIME?

Sexting has become a widespread problem among American teenagers in recent years and has lead to many teenagers being tried for felony sex offenses. A 2008 survey of 1,280 teenagers and young adults found that 20% of teens (13-19) had sent nude or semi-nude photographs of themselves electronically. Additionally, 39% of teens had sent sexually explicit text messages (Wikipedia.com). Sexting is the act of sending sexually explicit messages or photos electronically, primarily between mobile phones. Teenagers across America are engaged in sexting and it may land them in federal prison, on the sex offender registry or ruin their lives. Teens are being charged for sending sexting and or possessing sexting images even though it is only between teens of who are not yet legally adults. Should we be charging teens with felonies and having them register as sex offenders for sexting or is there another way to handle sexting?

Current laws dealing with sexting are the same laws created to deal with adult pedophiles, which may require new legislation to deal with sexting. Under federal and state child-porn laws it is illegal to create explicit images of a minor, posses them or distribute them (Richmond, 2009). These laws were intended to prevent adult abuse of minors but with sexting are being used to punish minors who create and distribute images. With sexting the images are often of themselves taken by themselves, making them the “perpetrator” and the victim. In January 2009, Greensburg, Pennsylvania, child pornography charges were brought against six teens after three girls sent sexually explicit photographs to their male classmates (Wikipedia.com). Another example took place in Pennsylvania. Photos were found on a cell phone of a teenage girl and she was threatened by a District Attorney to attend a 10 hour pornography and sexual violence class or he would file charges of sexual abuse of a minor against her. If convicted she could serve prison time and have to register as a sex offender (Hamill, 2009). People have different opinions on the legislation in place for teens who are caught sexting. Most feel that the punishment does not fit the crime, while others believe teens need to learn sexting is not ok. Have a look at this video on sexting.

As you just saw in the video, the criterion for charging the teens does not have to be strong. As stated in the video, “All you look at is, is this a nude or semi nude or suggestive photograph-and is the person depicted in it a minor?....And that is enough to warrant a criminal prosecution for child pornography.” The prosecutor in the video stated that the current laws were not intended to be used the way prosecutors are with sexting. On the other hand, the officer agreed with the laws; even though the two parties consent, minors can never consent.

There is new legislation emerging to make the punishment for sexting not detrimental. “Vermont lawmakers introduced a bill in April 2009 to legalize the consensual exchange of graphic images between two people 13 to 18 years old. Passing along such images to others would remain a crime” (Wikapidea.com). Ohio lawmakers have proposed a law that would make sexting a first degree misdemeanor instead of a felony. Eliminating the possibility of the teen being labeled as a sex offender. Lawmakers realize there needs to be punishment sending sexually explicit material that someone does not agree to and sending of material people mutually agree to send between one another.

References

Hamill, S. D. (2009, March 26). Students Sue Prosecutor in Cellphone Photos Case. New York

Times. Retrieved from http://www.nytimes.com

Richmond, R. (2009, March 29). Sexting May Place Teens at Legal Risk. New York Times.

Retrieved from http://www.nytimes.com

Sexting. (n.d.) In Wikipedia online. Retrieved from http://en.wikipedia.org/.

You Tube Video. Sexting Flirting with Felony. Retrieved from http://Youtube.com