Sexting: when are state prosecutors deciding to prosecute? Gass AM, Klettke B, Agustina JR, Montiel I. Int J Environ Res Public Health. In 2018, 95% of teens owned or had access to a smartphone. One could easily argue that if a youth creates a sext to be (consensually) shared with another similar-aged peer, he or she is not an exploited or abused child victim but rather an adolescent engaging in sexual behavior in the digital age. Careers. These tools would be especially important if sex offender registration were being considered. Her parents tried unsuccessfully to file a wrongful death lawsuit against the school board; the charges were dismissed. The . doi: 10.1542/peds.2018-3183. Minors and Sexting: Legal Implications J Am Acad Psychiatry Law. Teenagers would understand that laws were enacted to protect children, prevent abuse and exploitation, and stop the production and supply of child pornography. This document addresses legal and practical issues related to the practice colloquially known as sexting. Steps parents can take. (Created by and used with permission from Ken Stalter, JD. Recent research focusing on the propagation of adolescent-produced sexual images via digital technologies, more commonly known as sexting, highlights the need for an examination of the risks associated with the use of digital technologies in schools. Sexting is defined for the purposes of this article as sending or forwarding via cell phone sexually explicit photographs or videos of the sender or someone known to the sender. In 2010, two 14-year-old eighth graders in Olympia, Washington, were flirting by text message when the girl took a naked self-image and texted it to the boy.30 A few weeks later, a former friend of the girl convinced the boy to send her the photo. What is the relationship among the people sending and receiving the image, and, when it was forwarded, was the same type of relationship in place? As discussed above, there are multiple examples of young adults being given harsh sentences that include registering as sex offenders when they were not significantly older than the subject in the text message. Although the prevalence of this form of sexting is lower than that of consensual sexting, the ramifications are qualitatively and potentially far greater given their nonconsensual nature and resulting psychosocial consequences (embarrassment, shame, and rejection).11,14,18,39,40, Sextortion: An emerging phenomenon, sextortion involves the threatened dissemination (for money, sex, or more images) of explicit or embarrassing sexual images without consent.41 The only current study sampled >5500 middle and high school students and found that 5% had been the victim of sextortion and 3% had threatened others who had shared an image with them in confidence. Contact: If you are under 18: Youth Legal Advice Hotline, Legal Aid Queensland 1800 LAQ LAQ (1800 527 527) legalaid.qld.gov.au. Separating consensual sexting from nonconsensual sexting and actual child pornography is a critical next step for law enforcement agencies and policy makers to catch up to technology. It did not distinguish between consensual and nonconsensual sexting. Another author, writing for The Journal of Contemporary Health Law and Policy, proposed using parents and schools in addition to the legal system in attempts to deter and punish juveniles engaged in sexting.23 This author advocated for schools to provide education on the risks of sexting to all students and to enforce zero-tolerance policies for students engaged in sexting. Health Unit 6 EMOTIONAL AND SOCIAL HEALTH Sexting: Personal, Legal and Ethical Issues (25 points) Sexting refers to an act of sending Again, the minor must be under eighteen years of age, be completely or partially naked, in sexual activity, engaged in sexual conduct or on lustful display. To find a private lawyer. Sexting may include photos and videos containing nudity or showing simulated or real sex acts. The remaining 19 states separate sexting as misdemeanor offenses and often have Romeo and Juliet provisions; for example, in Texas, if the minors are within 2 years of age of each other and are in a dating relationship, there is an affirmative defense to the misdemeanor sexting statute.57. At present, teen sexting may be prosecuted under state law, which varies considerably from state to state, or conceivably under federal law if the teens involved live in different states. Even adults who have obtained self-produced teen images may merit prosecution, subject to any Romeo and Juliettype exception or affirmative defense. Sexting can be used as evidence in criminal cases. Sexual exploitation of a minor, 17-A MRS 282, Possession of sexually explicit material, 17-A MRS 284, Sexual exploitation of children, 1978 NMSA 30-6A-3, Diversionary programs for certain juveniles, NJ Rev Stat 2A:4A-71.1, Educational Reform Program, NY CLS Soc Serv 458(1), Sexual exploitation of children, reporting violation, forfeiture, penalties, OCGA 16-12-100, Pornographic material or performanceexpert testimony not required, Utah Code Ann 76-10-1204, Criminal law and procedure, Burns Ind Code Ann 35-49-3-4, Sexually explicit conduct, visual depiction, unlawful, penalty, affirmative defense, forfeiture of property, RRS Neb 28-813.01, Electronic transmission of certain visual material depicting minor, Texas Penal Code 43.261(e). If the sexually explicit image was of a child under 12, felony charges were generally brought. Forwarding sexts without consent may represent a potential form of cyberbullying and should not be excused or tolerated.11,15,67 Yet, this behavior does not seem to rise to the level of actual child pornography unless such images fall into the hands of adults, in which case the onus falls on the adult who retains, posts, or forwards the sexts. Increasing research indicates an association with sexual intercourse or intention to have sexual intercourse in the near future7,9,16,21 and having multiple sexual partners.13 However, the connection between sexting and drug use, anxiety and depression, and a history of sexual abuse (cited in several studies9,18,23) is correlational at best and not firmly established.6 Meta-analyses are needed to resolve discrepancies in the literature, and longitudinal studies are needed to examine the temporal order of associations. 14.5% had forwarded a sext without consent. A forensic evaluator with a background in standards for mental health services within secondary schools would be most appropriate to provide an opinion to the court on these matters. 18, further citation omitted). Disclaimer. ), New Jersey51 and New York52 have also created leniency in state constitutions in which they allow for a diversionary program rather than full prosecution under child pornography statutes. Indeed, 23 states still use child pornography statutes to prosecute teenagers caught engaging in sexting with other teens. If a parent discovers that their child has been sent a nude they should ensure that they tell the designated safeguarding lead at their child's school as soon as possible. In this article, we have summarized recent data concerning the prevalence of sexting by adolescents. It is an offence for a person to observe or visually record another person, when that person is engaged in a private activity or in a private place, without that person's consent. Youths often send messages without giving appropriate thought to the content of the images. The association between adolescent sexting, psychosocial difficulties, and risk behavior: integrative review. Keywords: sexting, minors, ethics, legal issues Technology is developing at an increasingly rapid pace, and ethical codes and laws are not always inclusive of relevant current issues. Nevertheless, pediatricians, child psychologists, and other teen-focused health care providers would agree that this behavior does not rise to the level of severe criminal behavior potentially requiring many years of incarceration and permanent sexual offender status. Given that statutes vary by state and some states have not passed legislation to differentiate between sexting and child pornography, it is imperative that forensic psychiatrists become familiar with applicable statutes in their state or anywhere they may be involved in such cases. Sexting means using your phone, computer, or camera to take or send sexy messages or images usually selfies. Furthermore, the US Constitutions First Amendment could allow for the protection of consensual sexting. Because transferring and viewing sexually explicit material when the subject is a minor can be considered child pornography, there can be serious legal consequences. Is there an association between sexting and other risk-taking behaviors or an impact on normative sexual development or body self-image? In Iowa, an 18-year-old was convicted of knowingly disseminating obscene material to a minor.31 This young adult texted a photograph of his face and another of his genitals to a 14-year-old female friend. In most cases, felony charges can result if the sexting involves child pornography issues and the recipient of the photo is an adult. Lawyers for the three teenagers reached an agreement in which the charges were reduced from a child pornography felony to a misdemeanor of telephone harassment. It has become common among young people since the advent of the cell phone with built-in camera. With policy makers, advocate for policy changes that decriminalize consensual sexting between adolescents and work with policy makers on laws that penalize adult-child sexting, revenge porn, and misuse of potentially harmful forms of sexting (coerced and nonconsensual sexting). Address correspondence to Victor C. Strasburger, MD, 219 Meadowbrook Dr, Bennington, VT 05201. Here, "teen sexting epidemic" refers to two things: (1) the belief that sext messaging by teens is rampant and spreading, hence, is an epidemic; and (2) the process by which a piece of information spreads like a virus, came to be understood as a pathogen infecting teens, resulted in a rash of child pornography prosecutions, and erupted into . Sexting is the sending or forwarding of sexually explicit photographs or videos of the sender or someone known to the sender via cell phone. How states approach teen sexting: pie chart. In its various forms, "sexting" is the transmission of nude images or suggestive material via text messages. This study aimed to understand the ethical . The officer asked the girls who were distributing her photograph to delete it from their phones. 2) Educate parents about this topic. The media reported that, as a result, he was expelled from college, could not find employment, and could not live with his father because the house is too close to a high school.32, Some teens may believe that they have circumvented the possible legal consequences of sexting by using applications on their phones designed to delete the photographs within seconds after being sent. MeSH at 759). During the evaluation, questions specific to the charged offense should include chronicity, the targets of the offenses, the individual's and victim's account of the offense, potential motivators, and any previously undetected sexually abusive behaviors.35 History of mental illness or symptoms of mental illness at the time of the offense must be taken into consideration. If you are 18 or older: Legal Aid Queensland 1300 65 11 88 legalaid.qld.gov.au. Sexting is using the internet or a mobile phone for creating, sharing, sending or posting sexually explicit messages or images. In these cases, the evaluator may be asked to address questions of liability and determine whether the emotional distress could have been prevented or minimized. Ruined future relationships are also one of the severely negative effects of sexting on children. However, generally speaking, it is illegal to electronically share sexual images of a person, taken without their knowledge or consent. Longitudinal association between teen sexting and sexual behavior. Transformation of Adolescent Peer Relations in the Social Media Context: Part 2-Application to Peer Group Processes and Future Directions for Research. This site needs JavaScript to work properly. Case examples are used to illustrate the range of legal outcomes, from felony charges to no charges. Before this change, minors could be convicted of felony sexual exploitation of children. The trial court dismissed the charges related to sexual abuse of children because the child pornography statutes when applied to teenage sexting failed to provide a teenager of ordinary intelligence fair notice of what is prohibited. The appeals court dismissed the charges because of the vagueness of the penal codes as applied to the defendant. If convicted, she faced up to 10 years in prison and had to register for life as a sex offender. Apps like Tinder, Bumble, Grindr and Snapchat, have made flirting online or on a phone much more common. Did someone else take the phone against the minor's will and send the image? An assessment of the juvenile's parents or caregivers should be part of the evaluation, including any parental risk factors (substance abuse, domestic violence, unaddressed mental health needs, and criminal justice involvement). Electronic pornography; certain acts amounting to unlawfully seducing or enticing a child through use of computer online service; clarify, South Dakota Legislature SL 2012, ch 148, 1, Sexting among U.S. adolescents: psychological and legal perspectives, An integrated response to sexting: utilization of parents and schools in deterrence, In re CS, 2012 Pa. Dist. 53% of adults aged 18-30 years. Teen sexting behavior has created confusion with respect to potential legal . The teenagers involved in the case have settled with Miss Logan's parents out of court. Another student, a 13-year-old girl, forwarded the image to all of her contacts as well. Sign In to Email Alerts with your Email Address. She was also banned from using a cellular telephone for six months. Sexting is a modern-day phenomenon that involves using digital technology to send or receive sexually suggestive images or text. Consequently, there may be an argument to be made that consensual teen sexting constitutes protected speech. The trend reflected in statutes has been that minors involved in sexting without other exacerbating circumstances should be charged with a less serious offense. MGLA 272 29A - Posing or exhibiting a child in a state of nudity or sexual conduct. Recent research on sexting highlighted a relationship between this new technology-mediated behavior and psychopathology correlates, although up to date results are mixed, and so far, studies have often used simple and not clinically validated measures of mental health. It also includes text messages that discuss or propose sex acts or other sexually explicit exchanges. Studies have shown that sexting is associated with incidences of increased sexual behavior. Although sexting is frequently discussed in the popular press, there is virtually no scientic literature available on this topic. The prosecution or the defense may hire the forensic evaluator to perform a complete evaluation or to consult on the case when given the facts. Did the school attempt to intervene to reduce risk? : Young womens reported dilemmas with nude photographs. at 250). Those same teenagers, unless prosecuted, would be clueless that their conduct falls within the parameters of the Sexual Abuse of Children statute. Although there is a lot of talk among teens of sending . Strassberg DS, McKinnon RK, Sustata MA, Rullo J. Arch Sex Behav. Copyright 2023 by The American Academy of Psychiatry and the Law. If you are caught driving when drunk, the legal implication is negative. No legal charges were brought against the students involved in disseminating the photograph or in the bullying that preceded Miss Witsell's suicide. The school resource officer was granted summary judgment, and the case was dismissed because of qualified immunity.27 The school also requested a motion for summary judgment. Ohio 2011), Logan v. Sycamore Cnty. Some states focus on the age of the person in the image or the age of the person possessing the image, others focus on details surrounding the dissemination of the sexting messages, and still others focus on educational programs or other ways to avoid adjudication. With the advent of smartphones, the past decade has witnessed a new manifestation of adolescent sexual behavior known as sexting. Trouble at teens' fingertips: Youth sexting and the law. and transmitted securely. A comparison is made with 2 cases involving 18-year-old defendants. . It is also possible that there are cases involving this subject matter that did not use the word sexting and would not have been included in the search results. Most had charged felony child pornography production, and 16 percent had sexting cases that resulted in sentencing to mandatory sex offender registration. If such photos are shared with others, sexting can lead to much more than just embarrassment. This conviction would come with a sentence of 5 to 20 years' imprisonment and fines up $100,000. Pediatrics May 2019; 143 (5): e20183183. The court of appeals held that the court did not err in overruling defendant's motion to dismiss. Many states agree that there is or should be a difference between statutes enacted to prosecute individuals for the creation and dissemination of child pornography and statutes used to punish or deter minors from sending sexually explicit photographs to other minors. Sure, it can be harmless and fun - that's probably why lots of young people do it. US state laws on sexting vary widely, from decriminalization to misdemeanor charges or prosecution for child pornography with harsh sentences. The Initiative is exploring policy issues that fall . Older and younger adolescents receive sexts at around the same rate . The statute held offenders strictly liable for their actions, regardless of age. The whole school has them!'. A national telephone survey provided qualitative information that helps in understanding the phenomenon of sexting.2 In this study, the teens who completed the survey described the pressure they feel to share sexually suggestive images because such images have become a form of relationship currency, meaning that the images are shared as a form of sexual activity or as a way of starting or maintaining a relationship. Data from a national sample of 2700 law enforcement agencies about sexting cases between 2008 and 2009 found that arrests occurred in one-third of the cases, including 18% of the consensual cases. Prevalence of multiple forms of sexting behavior among youth: a systematic review and meta-analysis. Several states have enacted legislation to help differentiate between child pornography and sexting by minors. In this article, we argue that consensual teen-to-teen sexting does not warrant law enforcement involvement but rather is a health and education issue that is better addressed at home, in schools, and in primary care. Is early versus later sexting onset associated with greater or fewer physical and mental health consequences? Teen behavior and digital invention have outpaced the development of new laws, and this has the potential to have dire legal ramifications for teens. Many are unaware of how widespread it is, and are oblivious to the possibility that their child could participate in sexting. Sexting and the law. Several researchers have identified an urgent need to clarify the characteristics of those who sext, the conditions under which sexting occurs safely versus harmfully, as well as the possible consequences of teen sexting in terms of concerning physical (eg, early sexual debut) and mental health outcomes (eg, depression, anxiety, and delinquency).10,11 Pressing questions in the field include the following: When does sexting typically begin? Behav Sci Law. Sexting can lead to civil lawsuits. The study reported that teens who are more frequent users of cell phones are more likely to receive sexually suggestive images. It may also include the use of a computer or any digital device. Digital technology to send or receive sexually suggestive images or text before change... Disseminating the photograph or in the case have settled with Miss Logan 's parents out court. A sentence of 5 to 20 years ' imprisonment and fines up 100,000... 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