Sexting

Sexting is sending and receiving sexually explicit messages, usually between mobile phones.  Sexting is a term for which the words sex and texting are combined.  Usually a message and images are sent.  A photo can be forwarded in a matter of seconds.  Sexting takes place all over the world.  It is estimated that 88% of self-made explicit images are “stolen” from their original upload location and made available on other websites, in particular porn sites collecting sexual images of children and young people.  Sexting is illegal, and according to laws, it usually does not matter whether the explicit photos were shared voluntarily.  Teenagers who have unlimited text messaging plans are more likely to receive sexually suggestive texts.

Most laws that would apply to texting were written before the advent of smartphones.  At least 20 states have updated their laws since 2009 to account for youth sexting.  While coercion and unauthorized image-sharing should be punished, teenagers willingly exchanging nude images should be handled differently.  Many of the newer laws still prohibit teen sexting, but have reduced penalties.  Teens need to be aware of the dangers of sexting.  Sexting can result in humiliation and ostracism, but most teens are not aware it can have legal consequences.  The majority of them do not realize sexting could be considered as a crime.  Parents and the school sex education classes should explain to teens why someone would not and should not want to share nude photos.  Teen or underage sexting can violate some child pornography laws.  An affirmative defense may not be available if sexting was done without consent.