Sex online: pornography, sexual solicitation, and sexting. Did the school have available mental health providers who are trained at screening for risk of self-harm and dangerousness to others? No legal charges were brought against the students involved in disseminating the photograph or in the bullying that preceded Miss Witsell's suicide. Legislation proposed in Indiana sought to treat those under age 22 more leniently if the images are maintained only on a cellular telephone or social media website as opposed to postings on other locations on the internet.19 This legislation died in committee. Moreover, in many of these states, consensual real-life sex between teens >16 years of age is legal. Sexting is the sending or forwarding of sexually explicit photographs or videos of the sender or someone known to the sender via cell phone. On the basis of the evidence presented above, we argue that consensual sexting between teens should not be unlawful. The content of the current statutes demonstrates that there is no legal consensus. Up to 5 years in prison or 2.5 years in jail. Ohio 2011), Logan v. Sycamore Cnty. As adults, those adolescents are 2.5 times more likely to be sexually abused, 3 . Sexting involving persons of any age may be considered an offence related to 'recordings in breach of privacy' under the Criminal Code 1899 (Qld). 1 Smartphones are the mechanism through which many teens are sharing explicit images and videos of themselves with other teens. Sexting behaviors can have legal, sociological, and/or psychological implications for the sender, receiver, and forwarder. Sexting and its relation to sexual activity and sexual risk behavior in a national survey of adolescents. 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. The participants in the study who sent sexually explicit messages and photographs were significantly more likely to have had sexual intercourse and were more likely to have had unprotected sex. Before In many jurisdictions, the law has yet to catch up with youth sexting behavior and technological advances. Pursuing child pornography charges against teenagers encourages arbitrary and erratic arrests and convictions, which is one of the concerns addressed by the void for vagueness doctrine. Angry and concerned parents alerted school officials, the police became involved, and after a thorough investigation, the girl was considered the victim of the scandal. 1. Crimes involving indecent images of children. Most prosecutors had sexting cases resolved by plea agreements or juvenile court. There is no clear national consensus on how sexting by minors is adjudicated, and therefore we compared several statutes. Students who had sent sexual images were more than twice as likely to have engaged in oral and vaginal sex than were those who had not sent such images. In Ashcroft v Free Speech Coalition,44 the court struck down prohibitions on virtual or computer-generated child pornography and pornography involving actors who appear to be (or are held out as) minors but, in fact, are adults. 2013 Jul;51(7):22-30. doi: 10.3928/02793695-20130503-02. Many statutes specify sexting as a misdemeanor, create educational or diversion programs, or institute civil fines as punishment.8 Some statutes involve eliminating mandatory minimum sentencing for persons less than 18 years of age and authorize orders relieving a person of the obligation to report as a sex offender. Sexting that occurs within an existing or committed teen relationship may include less coercion and fewer health risk behaviors. Did someone else take the phone against the minor's will and send the image? Although such teens may require more intensive education and rehabilitation and possibly even be subjected to prosecution and be liable for damages, we argue that they should not be considered child pornographers. Cookie Settings. The family structure of the plaintiff may influence whether family therapy, individual therapy, medications, other interventions are recommended. In 2013, nine states introduced bills or resolutions, and at least three (Arkansas, Georgia, and West Virginia) enacted legislation.9,,11,13,14,16,,18 In most states, the legislation seeks to differentiate between sexting among minors and child pornography. US state laws on sexting vary widely, from decriminalization to misdemeanor charges or prosecution for child pornography with harsh sentences. Sign In to Email Alerts with your Email Address. It was created by Harvard Law School's Cyberlaw Clinic, based at the Berkman Center for Internet & Society, for the Berkman Center's Youth and Media Policy Working Group Initiative. But sexts can outlast your crush or even your relationship. Case examples are used to illustrate the range of legal outcomes, from felony charges to no charges. Besides the social and personal costs, there are potential serious legal issues with sexting, including child pornography charges that have landed some teens on sex offender lists. Sexting is when someone sends or receives a sexually explicit image, video or text, usually on a mobile phone. 47. The term 'sexting' is used to describe the sending and receiving of sexually explicit photos, messages and video clips, by text, email or posting them on social networking sites. Prevalence of multiple forms of sexting behavior among youth: a systematic review and meta-analysis. at 244). 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. In this article, we address the legal implications of sexting among minors (aged <18) and the role of the forensic mental health professional. Prevalence of sexting 1. What can initially seem like a simple thing between two people can easily evolve . Teenagers would understand that laws were enacted to protect children, prevent abuse and exploitation, and stop the production and supply of child pornography. A 2012 national telephone survey of 1,560 youths between the ages of 10 and 17 found that 2.5 percent of youths had appeared in or created nude or nearly nude self-images or videos within the prior year.3 Of the youths who participated in the survey, 7.1 percent said they had received nude or nearly nude images of others. How many people was the image forwarded to and did those receiving it forward it further, delete it, or inform a person of authority? Klettke et al. 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. National Library of Medicine The researchers found almost one third of polled students were involved in sexting by either . A search on June 15, 2014 returned 75 results. Just like sex, sexting should be considered a health and development issue, not a legal issue. The legal ramifications, while seemingly foreign to teens, are very real as is the weight of a felony offense. Several states have enacted legislation to help differentiate between child pornography and sexting by minors. Copyright 2023 by The American Academy of Psychiatry and the Law. 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. 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. An in-depth review of the plaintiff's developmental, family, social, and educational histories is necessary. Harv Rev Psychiatry. When the image was further disseminated, was there intent to harm or bully the person in the image? "Sexting" among U.S. adolescents: psychological and legal perspectives. Posted May 5, 2016. Miss Logan recounted her story on the local NBC television affiliate in Cincinnati to help educate other teens about the risks of sexting. Several states have enacted legislation to help differentiate between child pornography and sexting by minors. A Systematic Literature Review and Meta-Analysis. Sexting prevalence, age, sex, and outcomes. 3. Puberty and the human brain: insights into adolescent development. The trend reflected in statutes has been that minors involved in sexting without other exacerbating circumstances should be charged with a less serious offense. After her death, her family learned that she had seen the school social worker, who was concerned Miss Witsell might try to harm herself, and had Miss Witsell sign a no harm contract. No one from the school contacted her family to express concern about Miss Witsell's safety. Defining coercion in a relationship may be problematic from a legal viewpoint, and more research is needed to understand the prevalence and consequences of this form of sexting. Young people are impulsive as their prefrontal cortex, which plays a significant role in impulse control, is not yet fully developed. J Midwifery Womens Health. Was the message forwarded with malice aforethought? Sexting and sexual behavior among middle school students. The sexual abuse of a child is a most serious crime and an act repugnant to the moral instincts of a decent people. The court believed that the statute provided clear guidelines on the type of activity that is against the law. Behav Sci Law. The goal of the evaluator is to establish the mindset of the accused at the time the message was created, sent, or forwarded. Sexting by minors has led to both criminal and civil legal charges, and has been the subject of legislative action in several states. The federal definition of child pornography5 cites graphic or simulated lascivious exhibition of the genitals or pubic area or a minor engaging in sexually explicit conduct. It confines itself to visual depictions only, not text messages. If such photos are shared with others, sexting can lead to much more than just embarrassment. Sexting is a modern-day phenomenon that involves using digital technology to send or receive sexually suggestive images or text. Sexting by high school students: an exploratory and descriptive study. Are there ways to determine prevalence other than self-reports? Sexting, risk behavior, and mental health in adolescents: an examination of 2015 Pennsylvania Youth Risk Behavior Survey data. Despite the fact she appeared in shadow with her voice disguised, the bullying and name-calling at her school worsened. 57% of adults aged 18-30 years. The . A manic episode, hypomania, or intoxication could be reasons for disinhibition. In Table 1, we provide anticipatory guidance for pediatricians and health care professionals seeking to address sexting and its legalities with policy makers, teens, parents, as well as schools and communities. Pediatrics May 2019; 143 (5): e20183183. A January 2014 study evaluated the correlation between sexting and sexual behavior in seventh graders.6 This study found that 22 percent of the 420 students had engaged in sexting. Teenagers who engage in sexting should not face the same legal and moral condemnation [Ref. The idea that heavy-handed enforcement of pornography laws is going to help these misguided, struggling teens is itself absurd.59. Enter multiple addresses on separate lines or separate them with commas. The teenagers involved in the case have settled with Miss Logan's parents out of court. at 759). A case in Pennsylvania decided on October 19, 2012, illustrates this approach.24 The minor was charged with sexual abuse of children (two counts), criminal use of a communication facility, and dissemination of explicit sexual material via electronic communication. Efforts by schools, parents, and mental health personnel should be vigorously employed to educate adolescents about potential risks involved. You could get into very serious trouble . It has become common practice among young people, as cell phones are being given to adolescents at ever younger ages. 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. The photograph was sent to students in four surrounding school districts. Not all bills were passed into law. 10-20 years in prison. Sexting and sexual behavior in at-risk adolescents. Copyright 2019 by the American Academy of Pediatrics, This site uses cookies. Notably, many child pornography laws were written and passed before the advent of the digital technology era, and this has resulted in a patchwork of state laws that vary from noncriminalization of sexting and education to misdemeanor charges or felony indictments that can potentially result in 20-year prison terms and permanent sexual offender status. Sexting has mental consequences one of which is . Another young girl obtained the image and sent it to students in six other schools. 7031 Koll Center Pkwy, Pleasanton, CA 94566. The prevalence of people receiving sexts was slightly higher in both groups: 16% of adolescents aged 10-19 years; and. (2014) found the prevalence of people sending sexts to be: 10% of adolescents aged 10-19 years; and. These are some of the questions that may be asked by the retaining party. 28% of teens admitted to having sent a sext. PMC In studies on the subject, rates of minors who have sent sexual images range from 4 to 25 percent, depending on the age of the youths surveyed, the content of the messages and other factors. Examples Illustrating Content of Statutes Addressing Sexting and Minors. The school or police liaison officer will want . More than 50 percent of adolescents use cell phones, and studies indicate that text messaging is the preferred means of communication.1 Because transferring and viewing sexually explicit material of a minor subject is considered to be child pornography in many jurisdictions, there can be serious legal consequences. The defendant then entered a no-contest plea. US Supreme Court decisions suggest that a shift from the 23 states stance of adhering to child pornography laws to address sexting is indicated. Are there mitigating circumstances that may warrant reducing the charges or the sentence? Sexting is becoming more common and sending, receiving or distributing a naked or semi-naked photo is the most common form of sexting. Before this change, minors could be convicted of felony sexual exploitation of children. In his ruling, Rice County District Judge John Cajacob wrote that the states child pornography statute is designed to protect children from victimization and that punishing the girl for sending sexual images of herself produces an absurd, unreasonable, and unjust result that utterly confounds the stated purpose of the statute. He went on to say that the punishment is vastly disproportionate to this girls crime. This court cannot see how subjecting [the girl] to registering as a sexual offender would protect her or teach her anything but that the justice system is cruel and unjust. government site. This study aimed to investigate sexting behaviors, online sexual victimization, and related mental health correlates using . Your child's social reputation -- extremely important in . An official website of the United States government. The best current estimate of sexting prevalence comes from a recent large-scale meta-analysis that statistically summarized 39 studies published before 2017 with 110380 subjects.6 Results revealed that the prevalence of sexting behaviors is as follows: sending a sext (14.8%), receiving a sext (27.4%), forwarding a sext without consent (12.0%), and having a sext forwarded without consent (8.4%). In some cases, juvenile defendants and their attorneys attempted to have charges dismissed because state statutes are unconstitutionally vague when applied to sexting or when applied to juveniles. The evaluator also must consider other possible causes of emotional distress, preexisting stressors, and symptoms or the possibility that distribution of the image did not cause harm. A Minnesota judge dismissed the charge in March 2018. What seems logical and appropriate, from both a pediatric and a legal viewpoint, is to separate consensual sexting from nonconsensual and coerced sexting as well as actual child pornography. FUNDING: Supported by the Alberta Childrens Hospital Foundation and the Canada Research Chairs Program (Dr Madigan). Sexting can happen via messaging on cell phones or via . No minor may intentionally create, produce, distribute, present, transmit, post, exchange, disseminate, or possess, through any computer or digital media, any photograph or digitized image or any visual depiction of a minor in any condition of nudity, or involved in any prohibited sexual act. It did not distinguish between consensual and nonconsensual sexting. The first 2 cases were from 2009. (Reprinted with permission from Ken Stalter, JD. Key Points. Sexting can be done between two consenting individuals, but sometimes the images are shared without the knowledge of the person who sent it. The consensus has been that minors involved in sexting without other exacerbating circumstances should be charged with a less serious offense. at 471). Epub 2019 Apr 15. In New York, the two persons involved in sending and receiving the message must both be under twenty and must be within five years of age from each other. How states approach teen sexting: pie chart. 'Sexting' ('sex' + 'texting') means using technology (mobile phone messages, Facebook, Snapchat, emails) to send or receive sexy or nude images or videos. sharing sensitive information, make sure youre on a federal Sexting can lead to cyberbullying. On September 12, 2009, Miss Witsell hanged herself in her bedroom. The Ferber decision went on to say that nudity, without more, is protected expression (Id. 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