|
.........
Should Sexting Be a Crime?
Sex-texting becoming very common
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
 |
Sex-texting can
be flirtatious
or malicious |
|
Should Sexting Be a Crime?
Sex-texting becoming very common
Parade Magazine
April 2010
In recent years, "sexting" -- short for "sex" and "texting" -- has become alarmingly common among adolescents. At least 20% of all teens have sent or received sexual images via text message or e-mail, and 60% have been pressured to do so, according to recent studies. Now, states from Arizona to Oklahoma to Rhode Island are considering new legislation to target the practice.
While sexting can be as innocent as sending a flirty note or photo to a crush, it can also be malicious. In Ohio in 2008, a teenage girl hanged herself after an ex-boyfriend sent naked photos of her to students at their school.
Regardless of intent, sexting by teens is often subject to criminal prosecution. Because the photos often depict nude minors, child-pornography charges may apply.
After risqué photos of three teenage girls showed up on classmates' cellphones in Pennsylvania, a local prosecutor threatened to charge the girls under state child-pornography statutes. The American Civil Liberties Union (ACLU) won an injunction to stop the proceedings, arguing that the photos are protected by the First Amendment. |
| |
"As a parent, I wouldn't want my child sending around naked pictures of himself or herself," says Vic Walczak of the ACLU. "But also as a parent, I don't want my child charged with a crime for sending out a naked picture."
A federal appeals court ruled against the D.A. last month but left open the possibility that future sexting cases could be tried as felonies.
Meanwhile, a new bill that would classify sexting as a second-degree misdemeanor is making its way through the Pennsylvania state legislature. The Pennsylvania District Attorneys Association supports the bill, saying that while sexting is a crime, felony charges are too harsh. "We're not talking about a dirty old man with a stash of obscene photographs of children," says Matthew Fogal, the Franklin County D.A. "The law needs to be changed to catch up to the technology."
Richard Guerry of the nonprofit Institute for Responsible Online and Cell-Phone Communication seeks to educate teens about the dangers of sexting. Prosecuting first-time offenders, he says, is not the solution: "Taking a nude photo of yourself with a cellphone is just plain stupid. But to lay a pornography charge on someone acting stupidly is absurd."
|
|
|
|
|
