Sexting Felonies: A Major Problem for Minors
By Elizabeth Kinsey Hawley
Should a 16-year-old be denied voting privileges for life for sending a partially nude photo of themselves to someone with whom they are dating? Should a 15-year-old have to register as a sex offender for sending a video of themselves dancing while not fully dressed to a peer? Because distributing photos of minors is considered child pornography and a felony offense, these are possible outcomes for minors who engage in sexting (sending explicit photos or videos of oneself or others via cell phone).
How common is sexting?
Sexting is a growing phenomenon among teens as well as adults in the age of technology. Depending on reports 1% to over 50% of teens sext (Walsh et al., 2013 & Soave, 2016). GuardChild (2020) compiled several national surveys to find that 20% of teens had sent a sexually explicit image of themselves on their phone. Girls were more likely to send photos of themselves (22%) than boys (18%), and half the girls who sexted were under 16-years-old (11%). Most teens (71%) sent pictures to their boyfriend or girlfriend. One in five teens had sent, received or forwarded a sext message. Sexting among adults is far more common (87.7%) (Stasko, 2015).
Why do teens sext?
Child development psychologists have identified the adolescent years as a time of exploration. Teens try on different personalities, make mistakes, and learn about themselves and the person they want to become. Teen brains are wired to be more emotional, while at the same time, thinking skills are still developing. Most developmental psychologists agree that sexual development and experimentation is a normal part of adolescence.
Generation Z, or Zoomers, are children born between 1997 and 2012. They have grown up with technology and access to the internet. Teens now use technology for school, entertainment, social connection, and for flirting and dating. Technology is a platform for their lives. Unfortunately, this platform is permanent and rife with extreme consequences not previously encountered by past generations in their teens.
Teens are responsive to peer pressure. Social psychologists call this kind of social influence “compliance” (Cialdini & Griskevicius, 2010). Teens who have the impression that sexting is common, are more likely to initiate sending an image to please the receiver. Once started, there is pressure to continue, and partners want to reciprocate with their own images. These images should be immediately deleted for everyone’s safety. However, seen as scarce and valuable items, teens mistakenly keep them; allowing them to become ticking bombs.
Why is sexting a problem?
Sexting is more problematic for consenting juveniles than consenting adults. Sending pictures of themselves is distributing photos of a minor and is considered child pornography. This is a serious crime – a felony. Being convicted of a felony carries with it lifelong consequences. In addition to possible prison time, large fines and long probations, felons lose civil liberties such as serving on a jury, owning a firearm, and the right to vote. It can limit access to education as convicted felons are not eligible for student loans or financial services. Additionally, more than 60% of colleges consider criminal history in acceptance decisions, noting sexual offenses as a specific concern (Best Value Schools, 2020). It can limit access to career options. Many professions require clear criminal backgrounds such as: medical professions; teaching; law enforcement; financial careers; and many more (GTCADMIN, 2018).
Child pornography charges result in becoming a registered sex offender. Consequences can limit housing options, restrict employment, decrease privacy, increase discrimination and prejudice, and result in child custody losses. For these teens, they will be at risk of losing future children in custody battles with ex-partners (Easley Law Firm, 2020).
What can be done to protect teens from extreme penalties of sexting?
Teens who are responsible and developing appropriately are being destroyed in a system that was built to protect them. Child pornography laws are put in place to protect children from psychological harm from adult predators, but when they are turned against the very subjects they are trying to protect, they do tremendous damage. Accused teens report depression, anxiety, and fear, and have been known to commit suicide (Lorang et al., 2016).
More states must recognize the disproportionate consequences of teen sexting and modify their laws to account for “Romeo and Juliet” circumstances (when two minors exchange explicit images). Alternatives to filing charges include education classes, counseling, community service, loss of cellphone or computer, or writing an essay or letter. It is more appropriate to help adolescents learn from their mistakes than to devastate their psychological well-being and obliterate their futures.
References
Best Value Schools. (2020). Can I Go to College if I Have a Criminal Record? https://www.bestvalueschools.com/faq/can-i-go-to-college-if-i-have-a-criminal-record/
Cialdini, R. B., & Griskevicius, V. (2010). Social Influence, in Advanced Social Psychology: The state of the science (Eds. Baumeister, R. F. & Finkel, E. J.). Oxford University Press.
Easley Law Firm. (2020). What Are the Effects of Being Added to the Sex Offender Registry?
GTCADMIN. (2018). The Impact of a Felony Conviction. Halscott Megaro. https://www.appealslawgroup.com/the-impact-of-a-felony-conviction/#:~:text=Being%20convicted%20of%20a%20felony,possess%2C%20or%20use%20a%20firearm.
GuardChild. (2020). Teenage Sexting Statistics. The National Campaign to Prevent Teen Pregnancy, The Pew Internet & American Life Project, and the Cox Communications Teen Online & Wireless Safety Survey. https://www.guardchild.com/teenage-sexting-statistics/
Lorang, M. R., McNeil, D. E., & Binder, R. L. (2016). Minors and Sexting: Legal implications. Journal of American Academic Psychiatric Law 44, 73-81. https://europepmc.org/article/med/26944746
Soave, R. (2016, September, 13). Romeo and Juliet and Sexting: 17-year-old faces child porn, assault charges for consensual sex with girlfriend. Reason Foundation. https://reason.com/2016/09/13/romeo-and-juliet-and-sexting-17-year-old/
Stasko, E. C. (2015). Sexting and Intimate Partner Relationships Among Adults. Drexel University.
Walsh, W. A., Wolak, J., Finkelhor, D. (2013). Sexting: When are state prosecutors deciding to prosecute? The third national juvenile online victimization study (NJOV-3). Durham, NH: Crimes against Children Research Center. https://scholars.unh.edu/ccrc/43/