Trouble at teens' fingertips: Youth sexting and the law

Abstract

The last decade has seen a rapid increase in the use of smartphones among young children and adolescents. One consequence of this phenomenon is sexting. Although researchers of sexting have yet to arrive at a single, cohesive definition for the behavior, it generally involves the transmission of text, pictures, or videos containing sexual material. Different definitions of the behavior have led to widely varying estimates of its prevalence, although some studies have documented relatively high rates of sexting among teenagers. As adolescence is the time period in people's lives where the psychological tasks of identity consolidation and the development of intimate relationships become primary, it is not surprising that many teens utilize sexting as one way of practicing skills associated with successful completion of these tasks. The criminal prosecution of sexting cases, then, raises many legal and ethical questions. Offenders may be prosecuted under state or federal child pornography laws or state-specific sexting laws. Sexting laws, particularly in instances of consensual sext exchange, call into question who they are meant to protect and from what. In this article we review the research on teen sexting, its prevalence, and its association with mental health problems; summarize legal responses to the behavior in the United States; and identify considerations for prosecutors and legal decision-makers facing sexting cases.

Sexting, Mental Health, and Victimization Among Adolescents: A Literature Review

“…According to these results, it would be expected that sexting behaviors as a form of victimization might also be related to a higher likelihood of reporting depressive and anxiety symptoms. Along the same line of reasoning, research findings indicate that a higher degree of depressive symptoms is associated with greater Internet use [26,27], and a more frequent and problematic internet use is associated with higher rates of sexting behavior [27,28]. Therefore, it would be reasonable to hypothesize that higher engagement in sexting behaviors might predict higher rates of depressive symptoms.…”

Abuse through sexual image sharing in schools: Response and responsibility

“…The legal implications of sexting are also emphasised, including the risk of being registered on the sex offenders register (Gross 2017) and the legal challenges arising from the use of child pornography legislation (Holoyda et al 2018). In popular discourse, media articles have focused upon the risks young people may face of imprisonment for consensually sharing images (Paul 2017).…”

Sex, Sexuality and Gender-Related Issues in Child Psychiatric Practice: A Review

“…Various contexts in which children are brought with concerns regarding sexual behaviors for a clinical opinion are described below. Clinical scenarios are broadly categorized under normal sexual behaviors, traumatic sexualization, sexual behaviors associated with neurodevelopmental conditions, sexual issues associated with psychiatric conditions, core gender- 7 All these behaviors can also amount to cybercrime and raise legal and ethical questions. Sexuality education based on sound scientific information is needed to dispel myths for those with disproportionate concerns about normal sexuality.…”

“…Studies indicate that this behavior may be associated with depression and impulsivity. 7 All these behaviors can also amount to cybercrime and raise legal and ethical questions. Sexuality education based on sound scientific information is needed to dispel myths for those with disproportionate concerns about normal sexuality. 5 On the other hand, those with problematic behaviors will need more intensive interventions in addition to sexuality education, in the form of detailed evaluation exploring child’s vulnerabilities, origins of these behaviors, and factors influencing them; individual and family interventions tailored to a given child and family; and pharmacotherapy for the treatment of underlying depression and or anxiety or comorbid conditions.…”

“…Studies indicate that this behavior may be associated with depression and impulsivity. 7 All these behaviors can also amount to cybercrime and raise legal and ethical questions.…”