Sexting: Harmless Fun, or Kiddie Porn?

Sexting is sending nude or pornographic pictures via text message. According to the National Campaign to Prevent Teen and Unplanned Pregnancy, 20% of teenagers admit to sending these photos to their friends (http://www.fastcompany.com/blog/chris-dannen/techwatch/sexting-why-worry).

This behavior may seem to be very normal for experimental teenagers. To the kids who are doing it, it probably seems like harmless fun. They feel a false sense of privacy sending these messages to their friends, and they may not consider the likelihood that these images can be shared with the world if maliciously or mistakenly distributed. We have discussed the ease with which a pic-message can be posted on the open internet, and/or or virally distributed to hundreds of cell phones or email accounts at a time.

This is what happened to Jessica Logan, from Ohio (http://www.msnbc.msn.com/id/29546030/). She sexted a photo to her boyfriend, but when they broke up, he forwarded to the picture to other friends, which eventually led to hundreds of local teens seeing Jessica’s picture. She was taunted for the remainder of her senior year. Jessica reached out to warn others about the dangers of sexting. Ultimately, the shame of this event led her suicide.

Even if teens who engage in sexting comprehend the possibility that hundreds or thousands may view their photo, they certainly don’t recognize the overall social, ethical, and legal consequences of these erotic messages.

Although the kids are acting willingly, they are not at a legal age to distribute nude pictures of themselves. Therefore, some of these teens have been charged with manufacturing and distribution of child pornography. http://www.msnbc.msn.com/id/28679588/ http://www.usatoday.com/tech/wireless/2009-03-11-sexting_N.htm

This may be a harsh charge to levy. Though there is no mandatory jail sentence, convicted child pornographers must register as sex offenders, which is a penalty that follows people ominously forever. However, law enforcement officers feel the need to set examples so that kids recognize the significance of this situation.

This is uncharted territory, though, because the intent of child pornography law is to protect kids from pornographers – not to protect kids from themselves. However, we are familiar with other laws that draw this line. Minors in possession of alcohol are prosecuted. Also, statutory rape cases can be tried whether the minor was willing.

Teenagers sext messages to their friends, and their friends may be bold enough to re-post these pictures online. There is no telling, at that point, whose hands the pictures could fall into, or how else the could be redistributed.