Sexting

Sexting occurs when sexually explicit images are sent by cell phones or the Internet to another person. Sexting becomes an offense when sexually explicit images of minors, which constitute child pornography, are produced, distributed, or possessed. Sexting is a strange offense because sexted images are usually created, disseminated, and or possessed by minors, who view it as an outlet for sexual expression. This method of sexual expression does not come as a surprise, considering the fact that youth today have grown up with cell phones. Antonio Haynes, in an article on sexting, wrote that teenagers are responsible for sending out about 75 billion text messages every month. There is no doubt that quite a few of these are sext messages.

The federal age at which an individual ceases to be a minor is 18 years. This leads to a tricky situation where persons 18 years or older, being no longer children, can sext messages to each other, while those not quite 18 could be charged with child pornography in some states and registered as sex offenders. While several states are enacting sexting statutes, states with no sexting laws are continuing to prosecute sexting minors under child pornography laws. If registered as sex offenders, these minors may be labeled for life. Some believe that this penalty is highly disproportionate to the crime committed and should be considered a cruel and unusual punishment under the Eighth Amendment.

Sexting usually occurs in any of three social contexts: (1) between two persons who are in a romantic relationship, (2) from one person to a prospective boyfriend or girlfriend to initiate a relationship, and (3) from those outside of the relationship where sexting had initially occurred. While the expectation of privacy can be considered in the first social context, these minors are taking a risk in the two latter contexts. Even the first situation may not be foolproof as relationships among minors are usually quite transitory, and once a relationship is broken, the minor in possession of a sexted image may distribute it out of spite. The second circumstance can be quite hazardous as well. While it is hoped by the person sending the sext message that a romantic relationship will be ignited, it is possible that the recipient will distribute the images. The third context usually draws on the first two social situations to obtain the sexually explicit pictures, which are then possessed and distributed. Minors in this case could be charged with invasion of privacy, if the pictures are not in public domain. It is important for legislators to keep in mind that children are not mature enough to appreciate the long-term consequences of their actions. Accordingly, sexting may be more a result of immaturity and irresponsible behavior rather than calculated attempts to destroy the reputation of other children.

Nonetheless, sexting can cause much harm to those children who are the subjects of these images, especially in the latter two contexts. These images could lead to bullying at school. This is a serious problem, and because of this harm, sexting among minors should not be treated lightly. Cyberbullying has led to several suicides among teens, as in the highly publicized cases of Megan Meier and Ryan Halligan. Moreover, once the images are available on the Internet, they come into public domain and anyone can access them. This can lead to further victimization and mortification to those who are subjects of these images, leading to thoughts of suicide and, in some cases, suicide. Effective educational sessions should be put in place in middle schools and high schools because of the vulnerable population, so that teenagers can be taught about the long-term effects of sexting and cyberbullying.

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