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The rate is affected by the age of the children surveyed, the definition of sexting, socioeconomic factors, sample size, and period studied (sexting within the past year versus at any time in the past).Ī 2009 telephone survey from the Pew Research Center's Internet and American Life Project found that 4 percent of cell phone–owning youths aged 12 to 17 endorsed having sent sexually suggestive nude or nearly nude images or videos of themselves to someone via text message. In this article, we address the legal implications of sexting among minors (aged <18) and the role of the forensic mental health professional.Īs the following discussion demonstrates, estimated rates of sexting among minors vary between 4 and 25 percent. The trend reflected in statutes has been that minors involved in sexting without other exacerbating circumstances should be charged with a less serious offense, but there is no consensus on exactly how they should be adjudicated. Several states have enacted legislation to help differentiate child pornography from sexting. 1 Because transferring and viewing sexually explicit material of a minor subject is considered to be child pornography in many jurisdictions, there can be serious legal consequences. More than 50 percent of adolescents use cell phones, and studies indicate that text messaging is the preferred means of communication.
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Cell phones are being given to adolescents at ever younger ages, and they often send photographs without giving thought to the content.
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It has become common among young people since the advent of the cell phone with built-in camera.
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Sexting is defined for the purposes of this article as sending or forwarding via cell phone sexually explicit photographs or videos of the sender or someone known to the sender. We also address the role of the forensic mental health professional. Two sexting episodes that were followed by suicide are described. Case examples are used to illustrate the range of legal outcomes, from felony charges to no charges. There is no clear national consensus on how sexting by minors is adjudicated, and therefore we compared several statutes. The trend reflected in statutes has been that minors involved in sexting without other exacerbating circumstances should be charged with a less serious offense. Several states have enacted legislation to help differentiate between child pornography and sexting by minors. Because transferring and viewing sexually explicit material when the subject is a minor can be considered child pornography, there can be serious legal consequences. In studies on the subject, rates of minors who have sent sexual images range from 4 to 25 percent, depending on the age of the youths surveyed, the content of the messages and other factors. Youths often send messages without giving appropriate thought to the content of the images. It has become common practice among young people, as cell phones are being given to adolescents at ever younger ages. Sexting is the sending or forwarding of sexually explicit photographs or videos of the sender or someone known to the sender via cell phone.