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Wikipedia

Sexting

Sexting is sending, receiving, or forwarding sexually explicit messages, photographs, or videos, primarily between mobile phones. It may also include the use of a computer or any digital device.[1] The term was first popularized early in the 21st century and is a portmanteau of sex and texting, where the latter is meant in the wide sense of sending a text possibly with images.[2] Sexting is not an isolated phenomenon but one of many different types of sexual interaction in digital contexts that is related to sexual arousal.[3]

Background

The first published use of the term sexting was in a 2005 article in the Australian Sunday Telegraph Magazine.[4] In August 2012, the word sexting was listed for the first time in Merriam-Webster's Collegiate Dictionary.[5]

The Pew Research Center commissioned a study on sexting, which divides the practice into three types:[6]

  1. Exchange of images solely between two romantic partners.
  2. Exchanges between partners that are shared with others outside the relationship.
  3. Exchanges between people who are not yet in a relationship, but where at least one person hopes to be.

Sexting has become more common with the rise in camera phones and smartphones with Internet access, that can be used to send explicit photographs as well as messages.[6] While sexting is done by people of all ages,[7] most media coverage fixates on negative aspects of adolescent usage. Young adults use the medium of the text message much more than any other new media to transmit messages of a sexual nature,[8] and teenagers who have unlimited text messaging plans are more likely to receive sexually explicit texts.[6][9]

As a result of sexting being a relatively recent practice, ethics are still being established by both those who engage in it and those who create legislation based on this concept. Whether sexting is seen as a positive or negative experience typically rests on the basis of whether or not consent was given to share the images. Nevertheless, Australian laws currently view under-18s as being unable to give consent to sexting, even if they meet the legal age for sexual consent.[10]

Contrary to common misconception, when it comes to preventing abuse among adolescents, consent is more important than trying to stop sexting altogether.[11]

Social media applications

Sexting has been promoted further by several direct messaging applications that are available on smartphones. The difference between using these applications and traditional texting is that content is transmitted over the Internet or a data plan, allowing anyone with Internet access to participate. Snapchat appeals to teens because it allows users to send photos for a maximum of ten seconds before they disappear. Many sending photos over Snapchat believe these photos will disappear without consequences, so they feel more secure about sending them. There have been several cases where teens have sent photos over these applications, expecting them to disappear or be seen by the recipient only, yet are saved and distributed, carrying social and legal implications. Even though users believe their photos on Snapchat for example will go away in seconds, it is easy to save them through other photo capturing technology, third party applications, or simple screenshots. These applications claim no responsibility for explicit messages or photos that are saved. Snapchat's privacy policy on sexting has evolved to include sending content over new smartphone applications because of their appealing features such as the anonymity or temporary elements. These applications carry the same risks and consequences that have always existed.

Snapchat

A 2009 study found that 4 percent of teenagers aged 14 to 17 claim to have sent sexually explicit photos of themselves. Fifteen percent of these teens also claimed to have received sexually explicit photos. This suggests a consent issue of people receiving photos without asking for them. This is enhanced with Snapchat, as the person receiving snapchats will not be aware of the contents until they open it,[12] and messages are automatically deleted after some time. Although sexting through Snapchat is popular, "joke sexting" is more prevalent among users. Sending sexual images as a joke makes up approximately a quarter of the participants.[13]

Relationships

Sexting is a prevalent and normalized practice among youth in many western, liberal democracies.[14] Many couples engage in sexting. In a 2011 study, 54% of the sample had sent explicit pictures or videos to their partners at least once, and one third of their sample had engaged in such activities occasionally.[15]

In areas where gender roles traditionally expect men to initiate sexual encounters, sexting is used by women to offer nude images to male partners, allowing women greater latitude to instigate sex.[16][17] Mass media does not encourage teen or underage sexting, because of the child pornography laws they could violate.[16][according to whom?] However, a recent study found young women are significantly more likely than young men to be pressured into sending a nude photo, by their partner.[18]

In 2013, it was found that sexting is often used to enhance the relationship and sexual satisfaction in a romantic partnership. Sexting thus can be considered a "behaviour that ties into sexuality and the subsequent level of relationship satisfaction experienced by both partners". Based on the interviews conducted by Albury and Crawford, they discovered that sexting is commonly used in positive aspects. According to Albury and Crawford, sexting was not only an activity occurring in the context of flirtation or sexual relationships, but also between friends, as a joke or during a moment of bonding."[19] Reportedly, hedonism played a role in motivating sexting, and the length of relationship was negatively correlated with sexting behaviors. The study had a small sample size, so more research needs to be done surrounding sexting and motivation, but it is clear that sexting is a phenomenon that is not constrained to simply unattached individuals looking for fun; it is used by those in intimate relationships to increase feelings of intimacy and closeness to one's partner.[19] For teens, sexting can also act as a prelude (or in lieu of) sexual activity, as an experimental phase for those who are yet to be sexually active, and for those who are hoping to start a relationship with someone.[6] In a 2013 study conducted by Drouin et al., it was found that sexting is also associated with attachment styles, as those with attachment avoidance are more likely to engage in sexting behaviours (just as these individuals are also more likely to engage in casual sex). Thus, instead of increasing intimacy in these types of relationships, sexting may act as a buffer for physical intimacy.[15]

Studies

While some studies have evaluated sexting by married couples or young men who have sex with men,[20] the majority of attention is directed at heterosexual adolescents.

A 2015 online survey of a population representative quota sample of N=1,500 adults in Germany (ages 18 to 85; 48% women, 52% men) showed that 41% of the respondents had sent a sext at least once in their lives.[21] Sending erotic texts was most common, followed by erotic photos and videos of oneself. A statistically significant increase in participation in sexting was shown by persons of male gender, younger age, marital status unmarried and non-heterosexual identity. The respondents reported significantly more positive than negative effects of their sexting activities.

Some studies of adolescents find that sexting is correlated with risky sex behaviors,[22][23][24][25][26] while other studies have found no link.[14][27][28] Although the focus has been primarily on heterosexual teenagers, a recent study demonstrates that the number of people that send sexual images of themselves vary.[29]

In a 2008 survey of 1,280 teenagers and young adults of both sexes sponsored by The National Campaign to Prevent Teen and Unplanned Pregnancy, 20% of teens (13–20) and 33% of young adults (20–26) had sent nude or semi-nude photographs of themselves electronically. Additionally, 39% of teens and 59% of young adults had sent sexually explicit text messages.[30]

Sexting became popular among teens around 2009, especially among high school students in the United States, where 20 percent of high school students said they had engaged in sexting or receiving.[31]

A widely cited 2011 study indicated the previously reported prevalence was exaggerated. Researchers at the University of New Hampshire surveyed 1,560 children and caregivers, reporting that only 2.5 percent of respondents had sent, received or created sexual pictures distributed via cell phone in the previous year.[32] Perhaps shedding light on the over-reporting of earlier studies, the researchers found that the figure rose to 9.6% when the definition was broadened from images prosecutable as child pornography to any suggestive image, not necessarily nude ones.[33]

Despite this, a 2012 study conducted by the University of Utah Department of Psychology[34][35] has received wide international media attention for calling into question the findings reported by the University of New Hampshire researchers. In the University of Utah's study, researchers Donald S. Strassberg, Ryan Kelly McKinnon, Michael A. Sustaíta, and Jordan Rullo surveyed 606 teenagers ages 14 to 18 and found that nearly 20 percent of the students said they had sent a sexually explicit image of themselves via cell phone, and nearly twice as many said that they had received a sexually explicit picture. Of those receiving such a picture, over 25 percent indicated that they had forwarded it to others. In addition, of those who had sent a sexually explicit picture, over a third had done so despite believing that there could be serious legal and other consequences if they got caught. Students who had sent a picture by cell phone were more likely than others to find the activity acceptable. Strassberg, McKinnon, et al. note: "The news-worthiness of [the University of New Hampshire study] derives from [their] figure [2.5%] being far below (by a factor of 5 or more) the prevalence rates reported in the previous surveys. However, while technically accurate, the 2.5% figure is actually rather misleading. As seen in Table 1 of their publication, Mitchell et al. found that among the quarter of their sample that were ages 10 to 12, [less than] 0.6% 'appeared in, created, or received a nude or nearly nude image' while among those age 15 to 17, 15% of participants reported having done so. Despite it being widely reported in the media, the overall prevalence figure of 2.5% masks a dramatic age effect that indicates that more than 1 in 8 mid-teen minors admit to having sexted." Strassberg, McKinnon, et al. conclude: "These results argue for educational efforts such as cell phone safety assemblies, awareness days, integration into class curriculum and teacher training, designed to raise awareness about the potential consequences of sexting among young people."[34][36][37]

According to a writing by professor Diane Kholos Wysocki, although both men and women participate in "sexting", "women are more likely to sext than men".[38] Even though the article claims that women are more likely to sext than men, the article does not claim that women are the only ones receiving the images. In a study, close to half of the adults' interviewed had sexual photos or texts on their mobile device(s). Many of these intimate images and words are actually sent to complete strangers. In an article in Scientific American, however, the article says that men are actually more likely to initiate some form of intimate communication, like sending nude photographs or suggestive text messages. The reasoning behind this is that men seem to be more open about their sexual drive, which promotes the instigation of sexual contact. Also in this article, it says, "The age group that is most keen on sexting is 18- to 24-year-olds".[39] This is when young adults are at their prime of sexuality, and are looking to find their partners while also exploring their bodies and sexuality. Amy Adele Hasinoff published an article trying to get rid of the stigma that sexting is simply exploitation of sexual matters. Women are sexualized whenever they post or share any form of intimate media. Men are not. When it comes to sexting, there is a big difference between sexual exploitation and a consensual decision to express one's sexuality and share an image of their own body with someone who wants to see it. Hasinoff points out that "Many digital media scholars stress that the Internet can enable young people to explore their identities and develop social and communication skills" (Boyd, 2008; Tynes, 2007),[40] and suggests that consensual sexting might serve a similar function for some people.

The body of academic literature on sexting has been growing rapidly since the early 2000s. Several research reviews are available that summarize the current state of research. Such research reviews often focus on the prevalence of sexting in different populations, on the age and gender of sexters, on motivations for sexting, and on positive and negative sexting outcomes.[41][42][43][44] Importantly, more and more primary studies and research reviews clearly differentiate between consensual sexting on the one side and non-consensual sexting including different types of technology-mediated violence such as sextortion and so-called "revenge porn".[45] There are also research reviews available that summarize and evaluate extant measures to prevent negative sexting outcomes and nonconsensual sexting.[46][47]

Risks

 
Sign at the 2018 Women's March in Oslo, reading, "No More Dickpics"

If a person sends an explicit image of themselves to a partner, then it can be against the law to re-transmit a copy of that image to another person without the consent of the originator.[48][49] Some countries have revenge porn laws that prevent the publication of sexual images without the consent of all parties in the image. While there are many possible legal avenues for prosecution of people who knowingly breach the confidence of those sending sexual messages, in practice, nude images can be widely propagated without the consent of the originator.[50]

Some young people blackmail their sexual partners and former partners by threatening to release private images of them.[51][52][53] In a study conducted by Drouin et al. analyzing sexting behaviours among young adults, it was found that men would show the sexually explicit photos of their girlfriends to their friends.[8][54] This is a new risk associated with new media, as prior to cell phones and email, it would be difficult to quickly distribute photos to acquaintances; with sexting, one can forward a photo in a matter of seconds.

Studies have shown that sex crimes using digital media against minors reflect the same kind of victimization that happens offline.[16] Family members, acquaintances and intimate partners make up the mass majority of perpetrators for digital media sex crimes.[16] Research by the Internet Watch Foundation in 2012, estimated that 88% of self-made explicit images are "stolen" from their original upload location (typically social networks) and made available on other websites, in particular porn sites collecting sexual images of children and young people. The report highlighted the risk of severe depression for "sexters" who lose control of their images and videos.[55][56] Sexting is seen as irresponsible and promiscuous for adolescents, but "fun and flirty" for adults.[16] These risks tend to be exaggerated by news media, especially in regards to adolescent girls.[57][58]

The University of Utah study (with a population sample of 606 teens aged 14 to 18) stated that about one third of respondents did not consider legal or other consequences when receiving or sending sexts.[59] Teenagers may not be thinking about the risks and repercussions when they participate in sexting; however, a study by Kath Albury titled Selfies, Sexts, and Sneaky Hats: Young People's Understandings of Gendered Practices of Self-Presentation[60] shows that teenagers engaging in sexting were concerned that their parents may see or find out about their involvement with sexting. Some teenagers shared that their "main risks of parental discovery were embarrassment (for both parents and young people) and 'overreaction' from adults who feared the photo had been shared."[61] While teenagers felt less compelled to worry about the legal risks with sexting, they worried that their parents would find out about their involvement with sexting. Albury and Crawford (2012) argue that adolescents are well aware of the differences between consensual sexting and distribution of private images with negative intent. Further, they argue young people are developing norms and ethics of sexting based on consent.

Creation and distribution of explicit photos of teenagers violates child pornography laws in many jurisdictions (depending on the age of the people depicted), but this legal restriction does not align with the social norms of the population engaging in the practice, which distinguish between consensual activity and harassment or revenge.[16] Senders in some jurisdictions may also be charged with distribution of indecent material to a minor, and could be required to register as a sex offender for life. Child pornography cases involving teen-to-teen sexting have been prosecuted in Oregon,[62][63] Virginia,[64] Nova Scotia[65] and Maryland.[66]

While mainstream media outlets, parents, and educators are rightfully worried about the negative legal, social, and emotional ramifications of teen sexting, much less is said about the issue of sexual consent. According to a 2012 study conducted by professors at the University of New South Wales,[67] due to child pornography laws that prohibit any minor from consenting to sexual activity, issues of consent among adolescent teens is seldom discussed. Much like the discourse surrounding "abstinence-only" education, the prevailing attitude towards sexting is how to prevent it from occurring rather than accepting its inevitability and channeling it in healthier ways. According to the study, instead of criminalizing teens who participate in sexting, the law should account for whether the images are shared consensually. This would mean adopting an "ethics" approach, one that teaches and guides teens on how to respect bodily autonomy and privacy. A 2019 Journal of Adolescent Health article authored by scholars Justin Patchin and Sameer Hinduja entitled "It’s Time to Teach Safe Sexting" offers specific, actionable strategies towards this end within a harm reduction framework.[68]

According to a study done by the health journal Pediatrics, more than one in five middle school minors with behavioral or emotional problems has recently engaged in sexting. Those individuals who have reported sexting in the past six months were four to seven times more likely to engage in other sexual activities such as intimate kissing, touching genitals, and having vaginal or oral sex, compared to minors who stated they did not partake in sexting. The study included 420 participants who were between the ages of 12 and 14 years old. The children were pulled from five urban public middle schools in Rhode Island between 2009 and 2012. Seventeen percent of the children tested claimed they had sent a sexually explicit text message in the past six months. Another five percent admitted to sending sexually explicit text messages and nude or semi-nude photos.[69][70]

Legal issues

Sexting is generally legal if all parties are over the age of majority and images are sent with their consent and knowledge; however, any type of sexual message that both parties have not consented to can constitute sexual harassment.

Sexting that involves minors under the age of consent sending an explicit photograph of themselves to a romantic partner of the same age can be illegal in countries where anti–child pornography laws require all participants in pornographic media to be over the age of majority. Some teenagers who have texted photographs of themselves, or of their friends or partners, have been charged with distribution of child pornography, while those who have received the images have been charged with possession of child pornography; in some cases, the possession charge has been applied to school administrators who have investigated sexting incidents as well. The images involved in sexting are usually different in both nature and motivation from the type of content that anti-child pornography laws were created to address.[71][72]

A 2009 UK survey of 2,094 teens aged 11 to 18 found that 38% had received an "offensive or distressing" sexual image by text or email.[73]

In the United States, anyone who is involved in the electronic distribution of sexual photos of minors can face state and federal charges of child pornography. The laws disregard the consent of parties involved: "...regardless of one's age or consent to sexting, it is unlawful to produce, possess, or distribute explicit sexual images of anyone under 18."[16] The University of New Hampshire's Crimes Against Children Research Center estimates that 7 percent of people arrested on suspicion of child pornography production in 2009 were teenagers who shared images with peers consensually.[74]

Kath Albury discusses in an article titled "Sexting, Consent, and Young People's Ethics: Beyond Megan's Story" that if teens are convicted of a sexting charge, they have to register as a sex offender, and this takes away the impact of the title of sex offender. A girl who agreed to send her girlfriend a naked picture is not as dangerous to the community as a child molester but the charge of sex offender would be applied equally to both of these cases.[75]

In a 2013 interview, assistant professor of communications at the University of Colorado Denver, Amy Adele Hasinoff, who studies the repercussions of sexting has stated that the "very harsh" child pornography laws are "designed to address adults exploiting children" and should not replace better sex education and consent training for teens. She went on to say, "Sexting is a sex act, and if it's consensual, that's fine..." "Anyone who distributes these pictures without consent is doing something malicious and abusive, but child pornography laws are too harsh to address it."[76]

According to Amy Hasinoff, if sexting was viewed as media production and a consensual activity, this would change the legal assumption that sexting is always non-consensual and reduce the culpability of victimized youth. This turns sexting into a situation that would lead to different legal consequences when distribution of the material was not consented to by the creator.[16] Alvin J. Primack, who draws from Amy Hasinoff's work, argued a media production model may be useful for distinguishing between child pornography and sexting from a First Amendment perspective.[77] According to Alvin J. Primack, the motivation for creating and distributing sexts (e.g., pleasure, relationship building) differs from the motivation for creating and distributing child pornography (e.g., abuse, exploitation), and the market of circulation is generally different between the two as well. For these reasons, there may be arguments – grounded in reasoning provided by First Amendment doctrine – for finding some youth sexts exchanged between persons who are of the age of consent to be legally-protected speech.

Legal professionals and academics have expressed that the use of "child porn laws" with regard to sexting is "extreme" or "too harsh". Florida cyber crimes defense attorney David S. Seltzer wrote of this that "I do not believe that our child pornography laws were designed for these situations ... A conviction for possession of child pornography in Florida draws up to five years in prison for each picture or video, plus a lifelong requirement to register as a sex offender."[78]

Academics have argued that sexting is a broad term for images being sent over Internet and cell phones, between minors, adults, or minors and adults, and in an abusive manner or in an innocent manner. In order to develop policy better suited for adolescent sexting cases, it is necessary to have better terms and categories of sexting. University of New Hampshire typology has suggested the term youth-produced sexual image to classify adolescent sexting. Furthermore, they branch into two sub-categories: aggravated and experimental youth-produced sexual image. Aggravated cases include cases of sexual assault, coercion, cyber-bullying, forwarding images without consent, and abusive behavior. Experimental cases are cases in which an adolescent willingly takes a picture and sends it to someone with no criminal intent and is attention-seeking.[79] This terminology could lead to more appropriate action towards adolescents who engage in sexting.

Legal cases

  • In 2007, 32 Australian teenagers from the state of Victoria were prosecuted as a result of sexting activity.[80]
  • In 2008, an assistant principal in the U.S. state of Virginia was charged with possession of child pornography and related crimes after he had been asked to investigate a rumored sexting incident at the high school where he worked. Upon finding a student in possession of a photo on his phone that depicted the torso of a girl wearing only underpants, her arms mostly covering her breasts, the assistant principal showed the image to the principal, who instructed him to preserve it on his computer as evidence, which he did. The court later ruled that the photo did not constitute child pornography because under Virginia law, nudity alone is not enough to qualify an image as child pornography; the image must be "sexually explicit". Loudoun County prosecutor James Plowman stood by his initial assessment of the photo and says he would not have pursued the case if the assistant principal had agreed to resign. Instead, the assistant principal took out a second mortgage on his house and spent $150,000 in attorneys' fees to clear his name.[81][82]
  • In January 2009, child pornography charges were brought against six teenagers in Greensburg, Pennsylvania, after three girls sent sexually explicit photographs to three male classmates.[83]
  • In 2009, a Fort Wayne, Indiana, teenage boy faced felony obscenity charges for allegedly sending a photo of his genitals to several female classmates. Another boy was charged with child pornography in a similar case.[84]
  • In 2009, police investigated an incident at Margaretta High School in Castalia, Ohio, in which a 17-year-old girl allegedly sent nude pictures of herself to her former boyfriend, and the pictures started circulating after they had a quarrel.[85] The girl was charged with being an "unruly child" based on her juvenile status.[86]
  • In 2009, two southwest Ohio teenagers were charged with contributing to the delinquency of a minor, a first-degree misdemeanor, for sending or possessing nude photos on their cell phones of two 15-year-old classmates.[87]
  • On 25 March 2009, the American Civil Liberties Union filed a lawsuit against Wyoming County, Pennsylvania district attorney George Skumanick Jr. for threatening teenage girls who were the subject of allegedly risque photos with prosecution on child pornography charges if they did not submit to a counseling program.[88] The case is Miller, et al. v. Skumanick.[89] Skumanick stated in an interview with Julie Chen on CBS News's The Early Show that his office decided to make an offer of limiting penalties to probation if the girls agreed to attend a sexual harassment program.[90][91] The girls and their parents won a ruling that blocked the district attorney, who appealed. It is the first appeals court case concerning sexting.[92]
  • In July 2010, Londonderry High School teacher Melinda Dennehy pleaded guilty and received a one-year suspended sentence for sending racy photos of herself to a 15-year-old student.[93]
  • In August 2014, a teen from Manassas City, Virginia, was placed on one year's probation after being charged with two counts of child pornography for allegedly sexting an explicit video to his 15-year-old girlfriend. The case become controversial after attempts by the Manassas city police and prosecutors to take pictures of the teen's erect penis as evidence to compare with the video he sent to his girlfriend in January.[94]
  • In November 2015, officials discovered widespread sexting at Cañon City High School in Colorado.[95] Photos of at least 100 different students were involved, in what appeared to be a contest. District Attorney Thom LeDoux said consenting adults can send and receive sext messages, but minors can face felony charges for doing the same. Before deciding to prosecute, he said he would consider if coercion was involved, if adults were involved, and if actual physical contact was made.[96] When The New York Times reported on this incident, the reporter referred to a book titled Sexting Panic, written by Adele Hasinoff, an assistant professor at the University of Colorado. Hasinoff said schools should talk to students about sexting, instead of simply demanding that they stop doing it.[96]
  • In September 2017, the Washington Supreme Court, by a vote of 5–3, upheld the child pornography trafficking conviction of a seventeen-year-old boy for texting a picture of his erect penis to an adult woman.[97] The boy, who has Asperger syndrome, was sentenced to 50 hours of community service, 30 days' confinement, and registration as a sex offender.[98]
  • In March 2019, the school board of Bellport middle school (New York) fired a 25-year-old teacher after a photo surfaced, that she had taken at home sitting on the floor before a mirror, a towel draped across her legs and her breasts exposed. She had only shared the image with a colleague she was dating, who was not disciplined for the dissemination of the photograph among the students of the school. She has sued the school district and its administrators for gender discrimination, commenting "It's always the boys hurting the girls and the girls taking the brunt of it".[99]

Legislative responses

In Connecticut, Rep. Rosa Rebimbas introduced a bill that would lessen the penalty for "sexting" between two consenting minors in 2009. The bill would make it a Class A misdemeanor for children under 18 to send or receive text messages with other minors that include nude or sexual images. It is currently a felony for children to send such messages, and violators could end up on the state's sex offender registry.[100]

Vermont lawmakers introduced a bill in April 2009 to legalize the consensual exchange of graphic images between two people 13 to 18 years old. Passing along such images to others would remain a crime.[101]

In Ohio, a county prosecutor and two lawmakers proposed a law that would reduce sexting from a felony to a first-degree misdemeanor, and eliminate the possibility of a teenage offender being labeled a sex offender for years. The proposal was supported by the parents of Jesse Logan, a Cincinnati 18-year-old who committed suicide after the naked picture of herself which she sexted was forwarded to people in her high school.[102]

Utah lawmakers lessened the penalty for sexting for someone younger than 18 to a misdemeanor from a felony.[103]

In New York, Assemblyman Ken Zebrowski (D-Rockland) has introduced a bill that will create an affirmative defense where a minor is charged under child pornography laws if they possesses or disseminate a picture of themselves or possess or disseminates the image of another minor (within 4 years of their age) with their consent. The affirmative defense will not be available if the conduct was done without consent. It also creates an educational outreach program for teens that promotes awareness about the dangers of sexting.[104]

In the Australian state of Victoria, the law was reformed in 2014 to create a defence for young people who engage in consensual sexting and the introduction of the new offences of distribution of an intimate image, and threat to distribute an intimate image.[105]

See also

References

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Further reading

Books

  • Hasinoff, Amy Adele (2015). Sexting panic: rethinking criminalization, privacy, and consent. Urbana: University of Illinois Press. ISBN 9780252080623.
  • Hiestand, Todd C.; Weins, W. Jesse (2014). Sexting and youth: a multidisciplinary examination of research, theory, and law. Durham, North Carolina: Carolina Academic Press. ISBN 9781611633863.
  • Lane, Frederick S. (2011). Cybertraps for the young. Chicago: NTI Upstream. ISBN 9780984053162.
Journal articles
  • Gregory, Tim (October 2015). "Sexting and the politics of the image: when the invisible becomes visible in a consensus democracy". Porn Studies. 2 (4): 342–355. doi:10.1080/23268743.2015.1059773.
  • Lippmann, Julia R.; Campbell, Scott W. (2014). "Damned if you do, damned if you don't…if you're a girl: Relational and normative contexts of adolescent sexting in the United States". Journal of Children and Media. 8 (4): 371–386. doi:10.1080/17482798.2014.923009. S2CID 143705955. - Published online on 6 June 2014
  • Lounsbury, Kaitlin; Mitchell, Kimberly J.; Finkelhor, David (April 2011). "The true prevalence of sexting". Crimes Against Children Research Center, University of New Hampshire. Pdf.
  • Nunziato, Dawn C. (Winter 2012). "Romeo and Juliet online and in trouble: criminalizing depictions of teen sexuality (c u l8r:g2g 2 jail)". Northwestern Journal of Technology and Intellectual Property. 10 (3): 57–92. Pdf.
  • Renfrow, Daniel G.; Rollo, Elisabeth A. (November 2014). "Sexting on campus: minimizing perceived risks and neutralizing behaviors". Deviant Behavior. 35 (11): 903–920. doi:10.1080/01639625.2014.897122. S2CID 144436848.
  • Schmitz, Sandra; Siry, Lawrence (May 2011). "Teenage folly or child abuse? State responses to "sexting" by minors in the U.S. and Germany". Policy & Internet. 3 (2): 25–50. doi:10.2202/1944-2866.1127.
  • Scholes-Balog, Kirsty; Francke, Nicole; Hemphill, Sheryl (April–June 2016). "Relationships between sexting, self-esteem, and sensation seeking among Australian young adults". Sexualization, Media, and Society. 2 (2): 237462381562779. doi:10.1177/2374623815627790. S2CID 147660322.

Reports

  • Lenhart, Amanda (15 December 2009). . pewinternet.org. Pew Internet and American Life Project. Archived from the original on 24 June 2011. Retrieved 31 December 2009.
  • Walsh, Wendy A.; Wolak, Janis; Finkelhor, David (January 2013). "Sexting: when are state prosecutors deciding to prosecute? The third national juvenile online victimization study (NJOV-3)". Crimes Against Children Research Center. Pdf.

Media

  • Caron, Christina (10 November 2011). "Teen sexting linked to psychological distress". ABC News. ABC.
  • Celizic, Mike (6 March 2009). "Her teen committed suicide over 'sexting'". NBC News. NBC.
  • Reimer, Susan (6 January 2009). "The Middle Ages: Young people, texting and sexting". The Baltimore Sun. Tribune Publishing.
  • Richmond, Riva (26 March 2009). "Gadgetwise (blog): sexting may place teens at legal risk". The New York Times.
  • Stone, Gigi (13 March 2009). "'Sexting' teens can go too far". ABC News. ABC.
  • Rommelmann, Nancy (4 June 2009). "Anatomy of a child pornographer: 'What happens when adults catch teenagers "sexting" photos of each other? The death of common sense.'". Reason. Reason Foundation. Retrieved 9 August 2016.

External links

sexting, confused, with, sexing, this, article, multiple, issues, please, help, improve, discuss, these, issues, talk, page, learn, when, remove, these, template, messages, examples, perspective, this, article, represent, worldwide, view, subject, improve, thi. Not to be confused with sexing This article has multiple issues Please help improve it or discuss these issues on the talk page Learn how and when to remove these template messages The examples and perspective in this article may not represent a worldwide view of the subject You may improve this article discuss the issue on the talk page or create a new article as appropriate February 2016 Learn how and when to remove this message This article needs to be updated Please help update this article to reflect recent events or newly available information June 2020 Learn how and when to remove this message Sexting is sending receiving or forwarding sexually explicit messages photographs or videos primarily between mobile phones It may also include the use of a computer or any digital device 1 The term was first popularized early in the 21st century and is a portmanteau of sex and texting where the latter is meant in the wide sense of sending a text possibly with images 2 Sexting is not an isolated phenomenon but one of many different types of sexual interaction in digital contexts that is related to sexual arousal 3 Contents 1 Background 1 1 Social media applications 1 1 1 Snapchat 1 2 Relationships 1 3 Studies 2 Risks 3 Legal issues 3 1 Legal cases 3 2 Legislative responses 4 See also 5 References 6 Further reading 7 External linksBackgroundThe first published use of the term sexting was in a 2005 article in the Australian Sunday Telegraph Magazine 4 In August 2012 the word sexting was listed for the first time in Merriam Webster s Collegiate Dictionary 5 The Pew Research Center commissioned a study on sexting which divides the practice into three types 6 Exchange of images solely between two romantic partners Exchanges between partners that are shared with others outside the relationship Exchanges between people who are not yet in a relationship but where at least one person hopes to be Sexting has become more common with the rise in camera phones and smartphones with Internet access that can be used to send explicit photographs as well as messages 6 While sexting is done by people of all ages 7 most media coverage fixates on negative aspects of adolescent usage Young adults use the medium of the text message much more than any other new media to transmit messages of a sexual nature 8 and teenagers who have unlimited text messaging plans are more likely to receive sexually explicit texts 6 9 As a result of sexting being a relatively recent practice ethics are still being established by both those who engage in it and those who create legislation based on this concept Whether sexting is seen as a positive or negative experience typically rests on the basis of whether or not consent was given to share the images Nevertheless Australian laws currently view under 18s as being unable to give consent to sexting even if they meet the legal age for sexual consent 10 Contrary to common misconception when it comes to preventing abuse among adolescents consent is more important than trying to stop sexting altogether 11 Social media applications Sexting has been promoted further by several direct messaging applications that are available on smartphones The difference between using these applications and traditional texting is that content is transmitted over the Internet or a data plan allowing anyone with Internet access to participate Snapchat appeals to teens because it allows users to send photos for a maximum of ten seconds before they disappear Many sending photos over Snapchat believe these photos will disappear without consequences so they feel more secure about sending them There have been several cases where teens have sent photos over these applications expecting them to disappear or be seen by the recipient only yet are saved and distributed carrying social and legal implications Even though users believe their photos on Snapchat for example will go away in seconds it is easy to save them through other photo capturing technology third party applications or simple screenshots These applications claim no responsibility for explicit messages or photos that are saved Snapchat s privacy policy on sexting has evolved to include sending content over new smartphone applications because of their appealing features such as the anonymity or temporary elements These applications carry the same risks and consequences that have always existed Snapchat A 2009 study found that 4 percent of teenagers aged 14 to 17 claim to have sent sexually explicit photos of themselves Fifteen percent of these teens also claimed to have received sexually explicit photos This suggests a consent issue of people receiving photos without asking for them This is enhanced with Snapchat as the person receiving snapchats will not be aware of the contents until they open it 12 and messages are automatically deleted after some time Although sexting through Snapchat is popular joke sexting is more prevalent among users Sending sexual images as a joke makes up approximately a quarter of the participants 13 Relationships Sexting is a prevalent and normalized practice among youth in many western liberal democracies 14 Many couples engage in sexting In a 2011 study 54 of the sample had sent explicit pictures or videos to their partners at least once and one third of their sample had engaged in such activities occasionally 15 In areas where gender roles traditionally expect men to initiate sexual encounters sexting is used by women to offer nude images to male partners allowing women greater latitude to instigate sex 16 17 Mass media does not encourage teen or underage sexting because of the child pornography laws they could violate 16 according to whom However a recent study found young women are significantly more likely than young men to be pressured into sending a nude photo by their partner 18 In 2013 it was found that sexting is often used to enhance the relationship and sexual satisfaction in a romantic partnership Sexting thus can be considered a behaviour that ties into sexuality and the subsequent level of relationship satisfaction experienced by both partners Based on the interviews conducted by Albury and Crawford they discovered that sexting is commonly used in positive aspects According to Albury and Crawford sexting was not only an activity occurring in the context of flirtation or sexual relationships but also between friends as a joke or during a moment of bonding 19 Reportedly hedonism played a role in motivating sexting and the length of relationship was negatively correlated with sexting behaviors The study had a small sample size so more research needs to be done surrounding sexting and motivation but it is clear that sexting is a phenomenon that is not constrained to simply unattached individuals looking for fun it is used by those in intimate relationships to increase feelings of intimacy and closeness to one s partner 19 For teens sexting can also act as a prelude or in lieu of sexual activity as an experimental phase for those who are yet to be sexually active and for those who are hoping to start a relationship with someone 6 In a 2013 study conducted by Drouin et al it was found that sexting is also associated with attachment styles as those with attachment avoidance are more likely to engage in sexting behaviours just as these individuals are also more likely to engage in casual sex Thus instead of increasing intimacy in these types of relationships sexting may act as a buffer for physical intimacy 15 Studies While some studies have evaluated sexting by married couples or young men who have sex with men 20 the majority of attention is directed at heterosexual adolescents A 2015 online survey of a population representative quota sample of N 1 500 adults in Germany ages 18 to 85 48 women 52 men showed that 41 of the respondents had sent a sext at least once in their lives 21 Sending erotic texts was most common followed by erotic photos and videos of oneself A statistically significant increase in participation in sexting was shown by persons of male gender younger age marital status unmarried and non heterosexual identity The respondents reported significantly more positive than negative effects of their sexting activities Some studies of adolescents find that sexting is correlated with risky sex behaviors 22 23 24 25 26 while other studies have found no link 14 27 28 Although the focus has been primarily on heterosexual teenagers a recent study demonstrates that the number of people that send sexual images of themselves vary 29 In a 2008 survey of 1 280 teenagers and young adults of both sexes sponsored by The National Campaign to Prevent Teen and Unplanned Pregnancy 20 of teens 13 20 and 33 of young adults 20 26 had sent nude or semi nude photographs of themselves electronically Additionally 39 of teens and 59 of young adults had sent sexually explicit text messages 30 Sexting became popular among teens around 2009 especially among high school students in the United States where 20 percent of high school students said they had engaged in sexting or receiving 31 A widely cited 2011 study indicated the previously reported prevalence was exaggerated Researchers at the University of New Hampshire surveyed 1 560 children and caregivers reporting that only 2 5 percent of respondents had sent received or created sexual pictures distributed via cell phone in the previous year 32 Perhaps shedding light on the over reporting of earlier studies the researchers found that the figure rose to 9 6 when the definition was broadened from images prosecutable as child pornography to any suggestive image not necessarily nude ones 33 Despite this a 2012 study conducted by the University of Utah Department of Psychology 34 35 has received wide international media attention for calling into question the findings reported by the University of New Hampshire researchers In the University of Utah s study researchers Donald S Strassberg Ryan Kelly McKinnon Michael A Sustaita and Jordan Rullo surveyed 606 teenagers ages 14 to 18 and found that nearly 20 percent of the students said they had sent a sexually explicit image of themselves via cell phone and nearly twice as many said that they had received a sexually explicit picture Of those receiving such a picture over 25 percent indicated that they had forwarded it to others In addition of those who had sent a sexually explicit picture over a third had done so despite believing that there could be serious legal and other consequences if they got caught Students who had sent a picture by cell phone were more likely than others to find the activity acceptable Strassberg McKinnon et al note The news worthiness of the University of New Hampshire study derives from their figure 2 5 being far below by a factor of 5 or more the prevalence rates reported in the previous surveys However while technically accurate the 2 5 figure is actually rather misleading As seen in Table 1 of their publication Mitchell et al found that among the quarter of their sample that were ages 10 to 12 less than 0 6 appeared in created or received a nude or nearly nude image while among those age 15 to 17 15 of participants reported having done so Despite it being widely reported in the media the overall prevalence figure of 2 5 masks a dramatic age effect that indicates that more than 1 in 8 mid teen minors admit to having sexted Strassberg McKinnon et al conclude These results argue for educational efforts such as cell phone safety assemblies awareness days integration into class curriculum and teacher training designed to raise awareness about the potential consequences of sexting among young people 34 36 37 According to a writing by professor Diane Kholos Wysocki although both men and women participate in sexting women are more likely to sext than men 38 Even though the article claims that women are more likely to sext than men the article does not claim that women are the only ones receiving the images In a study close to half of the adults interviewed had sexual photos or texts on their mobile device s Many of these intimate images and words are actually sent to complete strangers In an article in Scientific American however the article says that men are actually more likely to initiate some form of intimate communication like sending nude photographs or suggestive text messages The reasoning behind this is that men seem to be more open about their sexual drive which promotes the instigation of sexual contact Also in this article it says The age group that is most keen on sexting is 18 to 24 year olds 39 This is when young adults are at their prime of sexuality and are looking to find their partners while also exploring their bodies and sexuality Amy Adele Hasinoff published an article trying to get rid of the stigma that sexting is simply exploitation of sexual matters Women are sexualized whenever they post or share any form of intimate media Men are not When it comes to sexting there is a big difference between sexual exploitation and a consensual decision to express one s sexuality and share an image of their own body with someone who wants to see it Hasinoff points out that Many digital media scholars stress that the Internet can enable young people to explore their identities and develop social and communication skills Boyd 2008 Tynes 2007 40 and suggests that consensual sexting might serve a similar function for some people The body of academic literature on sexting has been growing rapidly since the early 2000s Several research reviews are available that summarize the current state of research Such research reviews often focus on the prevalence of sexting in different populations on the age and gender of sexters on motivations for sexting and on positive and negative sexting outcomes 41 42 43 44 Importantly more and more primary studies and research reviews clearly differentiate between consensual sexting on the one side and non consensual sexting including different types of technology mediated violence such as sextortion and so called revenge porn 45 There are also research reviews available that summarize and evaluate extant measures to prevent negative sexting outcomes and nonconsensual sexting 46 47 Risks nbsp Sign at the 2018 Women s March in Oslo reading No More Dickpics If a person sends an explicit image of themselves to a partner then it can be against the law to re transmit a copy of that image to another person without the consent of the originator 48 49 Some countries have revenge porn laws that prevent the publication of sexual images without the consent of all parties in the image While there are many possible legal avenues for prosecution of people who knowingly breach the confidence of those sending sexual messages in practice nude images can be widely propagated without the consent of the originator 50 Some young people blackmail their sexual partners and former partners by threatening to release private images of them 51 52 53 In a study conducted by Drouin et al analyzing sexting behaviours among young adults it was found that men would show the sexually explicit photos of their girlfriends to their friends 8 54 This is a new risk associated with new media as prior to cell phones and email it would be difficult to quickly distribute photos to acquaintances with sexting one can forward a photo in a matter of seconds Studies have shown that sex crimes using digital media against minors reflect the same kind of victimization that happens offline 16 Family members acquaintances and intimate partners make up the mass majority of perpetrators for digital media sex crimes 16 Research by the Internet Watch Foundation in 2012 estimated that 88 of self made explicit images are stolen from their original upload location typically social networks and made available on other websites in particular porn sites collecting sexual images of children and young people The report highlighted the risk of severe depression for sexters who lose control of their images and videos 55 56 Sexting is seen as irresponsible and promiscuous for adolescents but fun and flirty for adults 16 These risks tend to be exaggerated by news media especially in regards to adolescent girls 57 58 The University of Utah study with a population sample of 606 teens aged 14 to 18 stated that about one third of respondents did not consider legal or other consequences when receiving or sending sexts 59 Teenagers may not be thinking about the risks and repercussions when they participate in sexting however a study by Kath Albury titled Selfies Sexts and Sneaky Hats Young People s Understandings of Gendered Practices of Self Presentation 60 shows that teenagers engaging in sexting were concerned that their parents may see or find out about their involvement with sexting Some teenagers shared that their main risks of parental discovery were embarrassment for both parents and young people and overreaction from adults who feared the photo had been shared 61 While teenagers felt less compelled to worry about the legal risks with sexting they worried that their parents would find out about their involvement with sexting Albury and Crawford 2012 argue that adolescents are well aware of the differences between consensual sexting and distribution of private images with negative intent Further they argue young people are developing norms and ethics of sexting based on consent Creation and distribution of explicit photos of teenagers violates child pornography laws in many jurisdictions depending on the age of the people depicted but this legal restriction does not align with the social norms of the population engaging in the practice which distinguish between consensual activity and harassment or revenge 16 Senders in some jurisdictions may also be charged with distribution of indecent material to a minor and could be required to register as a sex offender for life Child pornography cases involving teen to teen sexting have been prosecuted in Oregon 62 63 Virginia 64 Nova Scotia 65 and Maryland 66 While mainstream media outlets parents and educators are rightfully worried about the negative legal social and emotional ramifications of teen sexting much less is said about the issue of sexual consent According to a 2012 study conducted by professors at the University of New South Wales 67 due to child pornography laws that prohibit any minor from consenting to sexual activity issues of consent among adolescent teens is seldom discussed Much like the discourse surrounding abstinence only education the prevailing attitude towards sexting is how to prevent it from occurring rather than accepting its inevitability and channeling it in healthier ways According to the study instead of criminalizing teens who participate in sexting the law should account for whether the images are shared consensually This would mean adopting an ethics approach one that teaches and guides teens on how to respect bodily autonomy and privacy A 2019 Journal of Adolescent Health article authored by scholars Justin Patchin and Sameer Hinduja entitled It s Time to Teach Safe Sexting offers specific actionable strategies towards this end within a harm reduction framework 68 According to a study done by the health journal Pediatrics more than one in five middle school minors with behavioral or emotional problems has recently engaged in sexting Those individuals who have reported sexting in the past six months were four to seven times more likely to engage in other sexual activities such as intimate kissing touching genitals and having vaginal or oral sex compared to minors who stated they did not partake in sexting The study included 420 participants who were between the ages of 12 and 14 years old The children were pulled from five urban public middle schools in Rhode Island between 2009 and 2012 Seventeen percent of the children tested claimed they had sent a sexually explicit text message in the past six months Another five percent admitted to sending sexually explicit text messages and nude or semi nude photos 69 70 Legal issuesSexting is generally legal if all parties are over the age of majority and images are sent with their consent and knowledge however any type of sexual message that both parties have not consented to can constitute sexual harassment Sexting that involves minors under the age of consent sending an explicit photograph of themselves to a romantic partner of the same age can be illegal in countries where anti child pornography laws require all participants in pornographic media to be over the age of majority Some teenagers who have texted photographs of themselves or of their friends or partners have been charged with distribution of child pornography while those who have received the images have been charged with possession of child pornography in some cases the possession charge has been applied to school administrators who have investigated sexting incidents as well The images involved in sexting are usually different in both nature and motivation from the type of content that anti child pornography laws were created to address 71 72 A 2009 UK survey of 2 094 teens aged 11 to 18 found that 38 had received an offensive or distressing sexual image by text or email 73 In the United States anyone who is involved in the electronic distribution of sexual photos of minors can face state and federal charges of child pornography The laws disregard the consent of parties involved regardless of one s age or consent to sexting it is unlawful to produce possess or distribute explicit sexual images of anyone under 18 16 The University of New Hampshire s Crimes Against Children Research Center estimates that 7 percent of people arrested on suspicion of child pornography production in 2009 were teenagers who shared images with peers consensually 74 Kath Albury discusses in an article titled Sexting Consent and Young People s Ethics Beyond Megan s Story that if teens are convicted of a sexting charge they have to register as a sex offender and this takes away the impact of the title of sex offender A girl who agreed to send her girlfriend a naked picture is not as dangerous to the community as a child molester but the charge of sex offender would be applied equally to both of these cases 75 In a 2013 interview assistant professor of communications at the University of Colorado Denver Amy Adele Hasinoff who studies the repercussions of sexting has stated that the very harsh child pornography laws are designed to address adults exploiting children and should not replace better sex education and consent training for teens She went on to say Sexting is a sex act and if it s consensual that s fine Anyone who distributes these pictures without consent is doing something malicious and abusive but child pornography laws are too harsh to address it 76 According to Amy Hasinoff if sexting was viewed as media production and a consensual activity this would change the legal assumption that sexting is always non consensual and reduce the culpability of victimized youth This turns sexting into a situation that would lead to different legal consequences when distribution of the material was not consented to by the creator 16 Alvin J Primack who draws from Amy Hasinoff s work argued a media production model may be useful for distinguishing between child pornography and sexting from a First Amendment perspective 77 According to Alvin J Primack the motivation for creating and distributing sexts e g pleasure relationship building differs from the motivation for creating and distributing child pornography e g abuse exploitation and the market of circulation is generally different between the two as well For these reasons there may be arguments grounded in reasoning provided by First Amendment doctrine for finding some youth sexts exchanged between persons who are of the age of consent to be legally protected speech Legal professionals and academics have expressed that the use of child porn laws with regard to sexting is extreme or too harsh Florida cyber crimes defense attorney David S Seltzer wrote of this that I do not believe that our child pornography laws were designed for these situations A conviction for possession of child pornography in Florida draws up to five years in prison for each picture or video plus a lifelong requirement to register as a sex offender 78 Academics have argued that sexting is a broad term for images being sent over Internet and cell phones between minors adults or minors and adults and in an abusive manner or in an innocent manner In order to develop policy better suited for adolescent sexting cases it is necessary to have better terms and categories of sexting University of New Hampshire typology has suggested the term youth produced sexual image to classify adolescent sexting Furthermore they branch into two sub categories aggravated and experimental youth produced sexual image Aggravated cases include cases of sexual assault coercion cyber bullying forwarding images without consent and abusive behavior Experimental cases are cases in which an adolescent willingly takes a picture and sends it to someone with no criminal intent and is attention seeking 79 This terminology could lead to more appropriate action towards adolescents who engage in sexting Legal cases In 2007 32 Australian teenagers from the state of Victoria were prosecuted as a result of sexting activity 80 In 2008 an assistant principal in the U S state of Virginia was charged with possession of child pornography and related crimes after he had been asked to investigate a rumored sexting incident at the high school where he worked Upon finding a student in possession of a photo on his phone that depicted the torso of a girl wearing only underpants her arms mostly covering her breasts the assistant principal showed the image to the principal who instructed him to preserve it on his computer as evidence which he did The court later ruled that the photo did not constitute child pornography because under Virginia law nudity alone is not enough to qualify an image as child pornography the image must be sexually explicit Loudoun County prosecutor James Plowman stood by his initial assessment of the photo and says he would not have pursued the case if the assistant principal had agreed to resign Instead the assistant principal took out a second mortgage on his house and spent 150 000 in attorneys fees to clear his name 81 82 In January 2009 child pornography charges were brought against six teenagers in Greensburg Pennsylvania after three girls sent sexually explicit photographs to three male classmates 83 In 2009 a Fort Wayne Indiana teenage boy faced felony obscenity charges for allegedly sending a photo of his genitals to several female classmates Another boy was charged with child pornography in a similar case 84 In 2009 police investigated an incident at Margaretta High School in Castalia Ohio in which a 17 year old girl allegedly sent nude pictures of herself to her former boyfriend and the pictures started circulating after they had a quarrel 85 The girl was charged with being an unruly child based on her juvenile status 86 In 2009 two southwest Ohio teenagers were charged with contributing to the delinquency of a minor a first degree misdemeanor for sending or possessing nude photos on their cell phones of two 15 year old classmates 87 On 25 March 2009 the American Civil Liberties Union filed a lawsuit against Wyoming County Pennsylvania district attorney George Skumanick Jr for threatening teenage girls who were the subject of allegedly risque photos with prosecution on child pornography charges if they did not submit to a counseling program 88 The case is Miller et al v Skumanick 89 Skumanick stated in an interview with Julie Chen on CBS News s The Early Show that his office decided to make an offer of limiting penalties to probation if the girls agreed to attend a sexual harassment program 90 91 The girls and their parents won a ruling that blocked the district attorney who appealed It is the first appeals court case concerning sexting 92 In July 2010 Londonderry High School teacher Melinda Dennehy pleaded guilty and received a one year suspended sentence for sending racy photos of herself to a 15 year old student 93 In August 2014 a teen from Manassas City Virginia was placed on one year s probation after being charged with two counts of child pornography for allegedly sexting an explicit video to his 15 year old girlfriend The case become controversial after attempts by the Manassas city police and prosecutors to take pictures of the teen s erect penis as evidence to compare with the video he sent to his girlfriend in January 94 In November 2015 officials discovered widespread sexting at Canon City High School in Colorado 95 Photos of at least 100 different students were involved in what appeared to be a contest District Attorney Thom LeDoux said consenting adults can send and receive sext messages but minors can face felony charges for doing the same Before deciding to prosecute he said he would consider if coercion was involved if adults were involved and if actual physical contact was made 96 When The New York Times reported on this incident the reporter referred to a book titled Sexting Panic written by Adele Hasinoff an assistant professor at the University of Colorado Hasinoff said schools should talk to students about sexting instead of simply demanding that they stop doing it 96 In September 2017 the Washington Supreme Court by a vote of 5 3 upheld the child pornography trafficking conviction of a seventeen year old boy for texting a picture of his erect penis to an adult woman 97 The boy who has Asperger syndrome was sentenced to 50 hours of community service 30 days confinement and registration as a sex offender 98 In March 2019 the school board of Bellport middle school New York fired a 25 year old teacher after a photo surfaced that she had taken at home sitting on the floor before a mirror a towel draped across her legs and her breasts exposed She had only shared the image with a colleague she was dating who was not disciplined for the dissemination of the photograph among the students of the school She has sued the school district and its administrators for gender discrimination commenting It s always the boys hurting the girls and the girls taking the brunt of it 99 Legislative responses In Connecticut Rep Rosa Rebimbas introduced a bill that would lessen the penalty for sexting between two consenting minors in 2009 The bill would make it a Class A misdemeanor for children under 18 to send or receive text messages with other minors that include nude or sexual images It is currently a felony for children to send such messages and violators could end up on the state s sex offender registry 100 Vermont lawmakers introduced a bill in April 2009 to legalize the consensual exchange of graphic images between two people 13 to 18 years old Passing along such images to others would remain a crime 101 In Ohio a county prosecutor and two lawmakers proposed a law that would reduce sexting from a felony to a first degree misdemeanor and eliminate the possibility of a teenage offender being labeled a sex offender for years The proposal was supported by the parents of Jesse Logan a Cincinnati 18 year old who committed suicide after the naked picture of herself which she sexted was forwarded to people in her high school 102 Utah lawmakers lessened the penalty for sexting for someone younger than 18 to a misdemeanor from a felony 103 In New York Assemblyman Ken Zebrowski D Rockland has introduced a bill that will create an affirmative defense where a minor is charged under child pornography laws if they possesses or disseminate a picture of themselves or possess or disseminates the image of another minor within 4 years of their age with their consent The affirmative defense will not be available if the conduct was done without consent It also creates an educational outreach program for teens that promotes awareness about the dangers of sexting 104 In the Australian state of Victoria the law was reformed in 2014 to create a defence for young people who engage in consensual sexting and the introduction of the new offences of distribution of an intimate image and threat to distribute an intimate image 105 See also nbsp Internet portal nbsp Erotica and pornography portal Child pornography Cyberbullying Cyberflashing Cybersex Deviancy amplification spiral Dick pic Erotic talk iCloud leaks of celebrity photos Moral panic Phone sex Safe sex Text roulette Virtual sexReferences Salter Michael 2013 Beyond Criminalisation and Responsibilitisim Sexting Gender and Young People Sydney Law School 24 310 315 Redmond Teresa 22 February 2010 Ringwood community addresses sexting NorthJersey com North 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Juvenile Online Victimization Study NJOV 3 Archived from the original on 15 November 2023 Retrieved 31 August 2016 Kath Albury amp Kate Crawford 2012 Sexting consent and young people s ethics Beyond Megan s Story Continuum Journal of Media amp Cultural Studies 26 3 463 473 more text Seidman Karen 16 November 2013 Child pornography laws too harsh to deal with minors sexting photos without consent experts say National Post News Canada Retrieved 27 March 2014 Primack Alvin J 2017 Youth sexting and the First Amendment Rhetoric and child pornography doctrine in the age of translation New Media amp Society 20 8 2917 2933 doi 10 1177 1461444817737297 S2CID 52014399 Seltzer David S 19 December 2008 Miami criminal defense lawyer cybercrimelawyerblog com Seltzer Law Pennsylvania Archived from the original on 1 February 2017 Retrieved 6 February 2016 Judge Abigail 2012 Sexting Among U S Adolescents Psychological and Legal Perspectives PDF Harvard Review of Psychiatry 20 2 86 96 doi 10 3109 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February 2016 Staff writer 4 March 2009 Two mason teenagers charged in sexting case WLWT Cincinnati Ohio Hearst Television Archived from the original on 16 January 2019 Staff writer 25 March 2009 ACLU sues Wyoming County D A for threatening teenage girls with child pornography charges over photos of themselves aclupa org Press release American Civil Liberties Union Archived from the original on 30 March 2009 Retrieved 6 February 2016 Staff writer Miller et al v Skumanick aclupa org American Civil Liberties Union Archived from the original on 22 February 2010 Retrieved 29 March 2009 Staff writer 27 March 2009 Sexting girls facing porn charge sue D A CBS News Retrieved 29 March 2009 Heflick Nathan 29 March 2009 My 1st bra my 1st sexual offense blog Psychology Today Sussex Publishers Retrieved 2 April 2009 dead link Gorenstein Nathan 16 January 2010 Appeals court considers Is sexting pornography The Philadelphia Inquirer H F Gerry Lenfest Archived from the original on 9 February 2010 Retrieved 28 August 2010 Pike Julie 27 July 2010 Ex teacher guilty plea nude photo of Melinda Dennehy sent to student National Ledger Archived from the original on 11 February 2011 Retrieved 29 July 2010 Jackman Tom 1 August 2014 Manassas City teen placed on probation in sexting case where police sought photos The Washington Post Nash Holdings LLC Retrieved 4 March 2015 Students could face charges in Colorado High School sexting scandal NBC News Associated Press 7 November 2015 Retrieved 7 November 2015 a b Cloos Kassondra Turkewitz Julie 7 November 2015 Hundreds of nude photos jolt Colorado school The New York Times Retrieved 6 February 2016 State v Gray 402 P 3d 254 Wash 2017 Note 2018 Recent Case Washington Supreme Court Affirms Child Pornography Conviction of Teenager PDF Harv L Rev 131 1505 Archived from the original PDF on 9 March 2021 Lucia Graves 19 April 2019 Graves Lucia 19 April 2019 A topless photo ruined this teacher s career Now she s speaking out The Guardian The Guardian Falcone Amanda 5 April 2010 Rookie legislator in national eye with bill To lessen sexting penalty for consenting minors Hartford Courant Tribune Publishing Retrieved 6 February 2016 Associated Press 13 April 2009 Vermont considers legalizing teen sexting Fox News Channel Archived from the original on 16 April 2009 Retrieved 6 February 2016 Russ Dick 13 April 2009 Ohio to address sexting laws WKYC TV Cleveland Ohio Tegna Inc Retrieved 6 February 2016 Associated Press 11 March 2009 Utah lawmakers OK bill on sexting Standard Examiner Ogden Utah Ogden Publishing Corporation Archived from the original on 10 June 2017 Retrieved 6 February 2016 Galef Sandy 16 December 2015 Bill no A08622 summary assembly state ny us New York State Assembly Retrieved 6 February 2016 Victoria passes sexting laws 16 October 2014 Archived from the original on 29 September 2023 Further readingBooks Hasinoff Amy Adele 2015 Sexting panic rethinking criminalization privacy and consent Urbana University of Illinois Press ISBN 9780252080623 Hiestand Todd C Weins W Jesse 2014 Sexting and youth a multidisciplinary examination of research theory and law Durham North Carolina Carolina Academic Press ISBN 9781611633863 Lane Frederick S 2011 Cybertraps for the young Chicago NTI Upstream ISBN 9780984053162 Journal articles Gregory Tim October 2015 Sexting and the politics of the image when the invisible becomes visible in a consensus democracy Porn Studies 2 4 342 355 doi 10 1080 23268743 2015 1059773 Lippmann Julia R Campbell Scott W 2014 Damned if you do damned if you don t if you re a girl Relational and normative contexts of adolescent sexting in the United States Journal of Children and Media 8 4 371 386 doi 10 1080 17482798 2014 923009 S2CID 143705955 Published online on 6 June 2014 Lounsbury Kaitlin Mitchell Kimberly J Finkelhor David April 2011 The true prevalence of sexting Crimes Against Children Research Center University of New Hampshire Pdf Nunziato Dawn C Winter 2012 Romeo and Juliet online and in trouble criminalizing depictions of teen sexuality c u l8r g2g 2 jail Northwestern Journal of Technology and Intellectual Property 10 3 57 92 Pdf Renfrow Daniel G Rollo Elisabeth A November 2014 Sexting on campus minimizing perceived risks and neutralizing behaviors Deviant Behavior 35 11 903 920 doi 10 1080 01639625 2014 897122 S2CID 144436848 Schmitz Sandra Siry Lawrence May 2011 Teenage folly or child abuse State responses to sexting by minors in the U S and Germany Policy amp Internet 3 2 25 50 doi 10 2202 1944 2866 1127 Scholes Balog Kirsty Francke Nicole Hemphill Sheryl April June 2016 Relationships between sexting self esteem and sensation seeking among Australian young adults Sexualization Media and Society 2 2 237462381562779 doi 10 1177 2374623815627790 S2CID 147660322 Reports Lenhart Amanda 15 December 2009 Teens and sexting how and why minor teens are sending sexually suggestive nude or nearly nude images via text messaging pewinternet org Pew Internet and American Life Project Archived from the original on 24 June 2011 Retrieved 31 December 2009 Walsh Wendy A Wolak Janis Finkelhor David January 2013 Sexting when are state prosecutors deciding to prosecute The third national juvenile online victimization study NJOV 3 Crimes Against Children Research Center Pdf Media Caron Christina 10 November 2011 Teen sexting linked to psychological distress ABC News ABC Celizic Mike 6 March 2009 Her teen committed suicide over sexting NBC News NBC Reimer Susan 6 January 2009 The Middle Ages Young people texting and sexting The Baltimore Sun Tribune Publishing Richmond Riva 26 March 2009 Gadgetwise blog sexting may place teens at legal risk The New York Times Stone Gigi 13 March 2009 Sexting teens can go too far ABC News ABC Rommelmann Nancy 4 June 2009 Anatomy of a child pornographer What happens when adults catch teenagers sexting photos of each other The death of common sense Reason Reason Foundation Retrieved 9 August 2016 External links nbsp Look up sexting or nelfie in Wiktionary the free dictionary nbsp Wikimedia Commons has media related to Sexting Bowker Art M A and Michael Sullivan J D Sexting Risky Actions and Overreactions Archive Federal Bureau of Investigation July 2010 Nothing shameful about sexting findings of a new report Young People and Sexting in Australia ethics representation and the law 2014 Fresh Air piece audio here 1 and Atlantic article on sexting in Louisa County Virginia Retrieved from https en wikipedia org w index php title Sexting amp oldid 1219379898 Legal issues, wikipedia, wiki, book, books, library,

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