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By Rebecca Pirius , Attorney. Sexting has become especially common among teenagers—many of whom are minors—and can easily be used to bully or harass. States have taken various approaches to address teen sexting. Some punish sexting under preexisting laws against child enticement and child pornography, which often result in harsh, felony penalties. Other states have enacted laws addressing sexting between teens with reduced penalties that allow teenagers to avoid a felony conviction and sex offender registration.
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By Ave Mince-Didier. Sexting is the taking, sending, or receiving of nude or sexual photos or videos by electronic means, whether through a text message, social media, or email. When teenagers are involved, sexting poses a thorny policy problem. Taking or sharing nude photos of children can result in convictions for child pornography and other serious crimes. But what if the person taking or sending that photo is a child? Child pornography laws were originally enacted to protect kids from sexual predators not necessarily from other kids and have harsh penalties and repercussions. Some states have addressed the issue of teen sexting by providing reduced penalties for sexting by or between minors. Other states, like New York, created diversion programs that allow teenagers who are involved in sexting to attend educational programs instead of facing tough criminal penalties. Diversion programs like the one in New York give kids a break.
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