Cell phone cameras and the ability to share photos and video instantly gave rise to the phenomenon known as “sexting”—sending explicit photos by text or email. A Congressional representative who gets caught doing it may be pushed to resign. But for an impulsive teen, the consequences can be much more serious: felony charges for possessing or distributing child pornography.
Most teens who send or receive such images are never charged with a crime. But these laws have the potential to affect thousands of teens: a 2009 study found that about 20 percent of U.S. teens aged 13 to 19 had sent or posted nude or seminude photos of themselves. The study was conducted by the National Campaign to Prevent Teen and Unplanned Pregnancy, a Washington, D.C.-based advocacy group.
Child Pornography Prosecutions
Child pornography laws were meant to protect children, not punish them. They were never intended to trap teens who share images of themselves, but in the last few years prosecutors have charged many teens—a few as young as 13—under these laws. The crime is a felony, and a conviction can lead to a prison sentence and a lifetime identity as a sexual offender.
For example, teen girls who took nude photos of themselves have been charged with manufacturing child pornography, and the boys they gave the photos to charged with distributing it. These crimes carry severe penalties. Some teens who have been convicted of distributing child pornography, even if they were not sentenced to prison, have been required to register with their state as a sex offender.
Changing Laws that Affect Sexting
Lawmakers in more than 20 states are moving to update their laws, to make sure teens aren’t inappropriately prosecuted as child pornographers. The aim is to discourage the practice of sexting, which can cause humiliation and psychological harm, without branding it as felonious. A few examples:
- In Florida, a first offense is now (effective October 1, 2011) punishable by a $60 fine and community service. (Fl. H.B. 75.)
- Rhode Island is on its way to making sexting a juvenile offense, similar to truancy.
- Texas passed a law setting out many circumstances to be considered when punishing the transmission of explicit photos of teens, including the intent and the ages of the parties (Penal Code section 37.09 and others).
Other states are looking into alternatives to fines or jail, including counseling programs or school suspensions. Most seek to establish different consequences for teens who send explicit photos of themselves and those who forward the photos of others without their consent.
- If you need help with a Juvenile Criminal charge, Submit Your Case for a Free Review from a local Juvenile Criminal Defense Lawyer.
