The Crime of “Sexting”

Regardless of the participants of intention, the act of  “sexting”, or sending sexually explicit images via cell phone or computer, is a crime in many circumstances, if the images are of someone under the age of 18.

As this article notes, images of underage teens that are sexually explicit or suggestive, is a violation of state sexual offenses in Pennsylvania, and most states. And that fact is that most state laws have not caught up with the reality that many of these sexting incidents should be dealt with differently if only minor teens are involved.

The article noted above, written by some Pennsylvania County District Attorney, lays out the reality and the danger of sexting, and the potential criminal felony penalties. And there is good advice in there for all teens. Of course sending nude images of yourself is a bad idea, and the risk that they will circulate beyond “trusted” recipients is significant.

And it’s just a fact that teens are going to engage in impulsive and risky behavior like this. On many levels it is normal adolescent behavior. Of course it should not be encourage, and the consequences, legal and personal, are real.

But is also misses the larger point that many of these laws are absurd. It is crazy to punish a 15 year old boy with a picture of his 15 year old girlfriend in the same manner as a 48 year old distributing naked images of 15 year old girls. Does that kid really deserve to be a convicted felon and a registered sex offender?

About David Matson