When appropriate, the evaluator may consider using empirically validated actuarial tools that may be used to estimate risk of recidivism (e.g., Estimate of Risk of Adolescent Sexual Offense Recidivism (ERASOR)36; Juvenile Sexual Offense Recidivism Risk Assessment Tool-II (J-SORRAT-II)37; or Juvenile Sex Offender Assessment Protocol-II (J-SOAP-II)38). 28% of teens admitted to having sent a sext. No minor may intentionally create, produce, distribute, present, transmit, post, exchange, disseminate, or possess, through any computer or digital media, any photograph or digitized image or any visual depiction of a minor in any condition of nudity, or involved in any prohibited sexual act. Sexting can be done between two consenting individuals, but sometimes the images are shared without the knowledge of the person who sent it. Another student, a 13-year-old girl, forwarded the image to all of her contacts as well. It is also possible that there are cases involving this subject matter that did not use the word sexting and would not have been included in the search results. A 2012 study of 1,839 youths age 14 to 17 indicated that 15 percent had engaged in sexting.5 Participants with the highest rates included older adolescents, African Americans, and lesbian, bisexual, gay or transgender (LBGT) adolescents. Youth risk behavior surveillance - United States, 2017. US state laws on sexting vary widely, from decriminalization to misdemeanor charges or prosecution for child pornography with harsh sentences. The Ferber decision went on to say that nudity, without more, is protected expression (Id. Penalties for Teen Sexting. If you create, possess or transmit (send or forward) images of people under 18 having sex or posing in sexually explicit ways, this could be child pornography. Because transferring and viewing sexually explicit material when the subject is a minor can be considered child pornography, there can be serious legal consequences. Although such teens may require more intensive education and rehabilitation and possibly even be subjected to prosecution and be liable for damages, we argue that they should not be considered child pornographers. at 244). 18, further citation omitted). A promise may have been made to keep nude pictures confidential. Another example in which the media reported a case of sexting followed by suicide involved Hope Witsell, a 13-year-old from Florida.29 During the spring of 2009 when she was in seventh grade, Miss Witsell text messaged a photograph of her breasts to her boyfriend. In 2018, 95% of teens owned or had access to a smartphone. A comparison is made with 2 cases involving 18-year-old defendants. In this article, we address the legal implications of sexting among minors (aged <18) and the role of the forensic mental health professional. Disclosures of financial or other potential conflicts of interest: None. Gass AM, Klettke B, Agustina JR, Montiel I. Int J Environ Res Public Health. This study aimed to investigate sexting behaviors, online sexual victimization, and related mental health correlates using . Furthermore, the US Constitutions First Amendment could allow for the protection of consensual sexting. Sexting, often defined as an individual sharing sexually explicit images (Judge, 2012), is a topic that has recently gained It would also allow professionals a research-based approach to get involved in advocacy for legal change and could guide professionals in when to support implementation of focused treatment and prevention, as opposed to penalties. Many states agree that there is or should be a difference between statutes enacted to prosecute individuals for the creation and dissemination of child pornography and statutes used to punish or deter minors from sending sexually explicit photographs to other minors. In May 2008, she went to school counselors and her school resource officer, a City of Montgomery Police Officer, to ask for help. Young people are impulsive as their prefrontal cortex, which plays a significant role in impulse control, is not yet fully developed. Sexual exploitation of a minor, 17-A MRS 282, Possession of sexually explicit material, 17-A MRS 284, Sexual exploitation of children, 1978 NMSA 30-6A-3, Diversionary programs for certain juveniles, NJ Rev Stat 2A:4A-71.1, Educational Reform Program, NY CLS Soc Serv 458(1), Sexual exploitation of children, reporting violation, forfeiture, penalties, OCGA 16-12-100, Pornographic material or performanceexpert testimony not required, Utah Code Ann 76-10-1204, Criminal law and procedure, Burns Ind Code Ann 35-49-3-4, Sexually explicit conduct, visual depiction, unlawful, penalty, affirmative defense, forfeiture of property, RRS Neb 28-813.01, Electronic transmission of certain visual material depicting minor, Texas Penal Code 43.261(e). The number of cases to reach appeal has been growing rapidly, likely reflective of the increasing number of cases being prosecuted in this area. 2) Educate parents about this topic. In this article, we have summarized recent data concerning the prevalence of sexting by adolescents. For example, in Nebraska, a visual depiction that portrays only the defendant constitutes 1 affirmative defense. In a criminal case, the primary role of the forensic psychiatrist would be to evaluate the minors who are prosecuted. Electronic pornography; certain acts amounting to unlawfully seducing or enticing a child through use of computer online service; clarify, South Dakota Legislature SL 2012, ch 148, 1, Sexting among U.S. adolescents: psychological and legal perspectives, An integrated response to sexting: utilization of parents and schools in deterrence, In re CS, 2012 Pa. Dist. Recent research focusing on the propagation of adolescent-produced sexual images via digital technologies, more commonly known as sexting, highlights the need for an examination of the risks associated with the use of digital technologies in schools. 2013 Jul;51(7):22-30. doi: 10.3928/02793695-20130503-02. The court of appeals held that the court did not err in overruling defendant's motion to dismiss. New media, old risks: toward an understanding of the relationships between online and offline health behavior. Although no criminal charges were brought in this case, Miss Logan's parents brought civil suits against the school, the resource officer, the ex-boyfriend, and the students involved in disseminating the nude photo. The plaintiff may have engaged in sharing a sexual image voluntarily, as opposed to involuntarily or unknowingly, and the level of volition can influence severity of distress or introduce some culpability of the plaintiffs in their own distress. Forwarding sexts without consent may represent a potential form of cyberbullying and should not be excused or tolerated.11,15,67 Yet, this behavior does not seem to rise to the level of actual child pornography unless such images fall into the hands of adults, in which case the onus falls on the adult who retains, posts, or forwards the sexts. A recent study by scientists with the University of Texas Medical Branch in Galveston polled almost 1,000 high school students from seven public high schools in Texas. It's illegal to film or photograph people having sex without their consent. On September 12, 2009, Miss Witsell hanged herself in her bedroom. She was ordered to complete 16 hours of community service, to attend an educational program on sexting, and to write an essay. The defendant filed a motion to dismiss, which was denied. These tools would be especially important if sex offender registration were being considered. Writing for the court, Judge Steinberg noted: Females receive more sexts than males. These young adults were often sentenced to sex offender registration for 20 or 30 years, in addition to other penalties. Sexting is becoming more common and sending, receiving or distributing a naked or semi-naked photo is the most common form of sexting. US Supreme Court decisions suggest that a shift from the 23 states stance of adhering to child pornography laws to address sexting is indicated. These 12- to 14-year-olds who had sent either type of message were at increased risk of engaging in sexual behavior. You might think that sexting is just a harmless way to flirt or show your boyfriend or girlfriend that you're into them. doi: 10.1542/peds.2018-3183. Transformation of Adolescent Peer Relations in the Social Media Context: Part 2-Application to Peer Group Processes and Future Directions for Research. The evaluator also must consider other possible causes of emotional distress, preexisting stressors, and symptoms or the possibility that distribution of the image did not cause harm. Journal of the American Academy of Psychiatry and the Law Online, Forensic implications: adolescent sexting and cyberbullying, Prevalence and characteristics of youth sexting, Sexting by high school students: an exploratory and descriptive study, Sexually explicit cell phone messaging associated with sexual risk among adolescents, Sexting and sexual behavior in at-risk middle-schoolers. The forensic evaluator may be retained by the plaintiff's attorney or by the defense attorney. HHS Vulnerability Disclosure, Help With tweens and teens, incorporate sexting into your ongoing discussions of safe sex and healthy relationships. This analysis focuses on the cases involving only juveniles. It may also include the use of a computer or any digital device. The juvenile must be informed about the limits of confidentiality in a nonadversarial, nonjudgmental tone, to facilitate disclosure and engagement. The boy and the two girls who had initially forwarded the image were formally charged with dissemination of child pornography, a Class C felony.30 If the three students had been convicted of dissemination of child pornography, they could have been sentenced to 36 weeks in a juvenile detention center and would be registered as sex offenders. Sexting among adolescents: a nuanced and gendered online challenge for young people. Sexting refers to the act of sending sexually explicit messages, photos, images or videos via cell phone, computer, or any digital device. Investigation into effective forms of treatment for minors with emotional damage caused by sexting would help inform the forensic mental health professional about the best treatment recommendations. Another area for further study would be to examine how child pornography laws are being applied to adults in possession of a text message with a sexually explicit image of a minor. National Library of Medicine In 2018, a Pennsylvania survey of 6021 ninth- to 12th-graders found that 29% of teens were engaged in consensual sexting.9 In this study, nearly one-third of the sexts were specifically identified as being consensual, whereas 3% were reported as being nonconsensual, a 10-fold difference.9 Taken together, the prevalence of sexting among teens is becoming more established. The level of structure and supervision within the home and the parents' willingness and ability to support intervention efforts must be assessed to establish the most effective recommendations. If the sexually explicit image was of a child under 12, felony charges were generally brought. Is early versus later sexting onset associated with greater or fewer physical and mental health consequences? Did the school contact the police or parents when it became aware of the sexting? Sure, it can be harmless and fun - that's probably why lots of young people do it. If there was a large age difference between the people involved, charges were brought. South Dakota enacted legislation in 2012, establishing the definition of sexting and declaring it a misdemeanor: The photograph was sent to students in four surrounding school districts. (Created by and used with permission from Ken Stalter, JD. Adolescent sexting research: the challenges ahead. Are there ways to determine prevalence other than self-reports? PMC In 2013, nine states introduced bills or resolutions, and at least three (Arkansas, Georgia, and West Virginia) enacted legislation.9,,11,13,14,16,,18 In most states, the legislation seeks to differentiate between sexting among minors and child pornography. There were several cases where the focus was not on sexting, but the term sexting was used in the opinion. From pure numbers alone, consensual sexting appears to now represent a common adolescent behavior in the digital era that does not warrant prosecution. The first 2 cases were from 2009. A good example is the case of marriage. Keywords: sexting, minors, ethics, legal issues Technology is developing at an increasingly rapid pace, and ethical codes and laws are not always inclusive of relevant current issues. An official website of the United States government. Although the prevalence of this form of sexting is lower than that of consensual sexting, the ramifications are qualitatively and potentially far greater given their nonconsensual nature and resulting psychosocial consequences (embarrassment, shame, and rejection).11,14,18,39,40, Sextortion: An emerging phenomenon, sextortion involves the threatened dissemination (for money, sex, or more images) of explicit or embarrassing sexual images without consent.41 The only current study sampled >5500 middle and high school students and found that 5% had been the victim of sextortion and 3% had threatened others who had shared an image with them in confidence. SB 256. All this said, we are not encouraging or condoning teen sexting; rather, we are suggesting that it be decriminalized. Table 1 contains examples illustrating the variability in the contents of legislation related to sexting and minors that different states have enacted in recent years. South Dakota also specified that it would be an affirmative defense if the minor had not solicited the visual depiction and does not subsequently distribute, present, transmit, post, print, disseminate, or exchange the visual depiction, and that the minor deletes or destroys the visual depiction upon receipt. Creating an image of oneself without ever distributing the image was also established as an affirmative defense. Further research into effective forms and implementation of education for minors about sexting may help decrease the number of minors involved in legal sequelae. What is the risk of reoffending? In its various forms, "sexting" is the transmission of nude images or suggestive material via text messages. Studies have shown that sexting is associated with incidences of increased sexual behavior. "Sexting" among U.S. adolescents: psychological and legal perspectives. Civil litigation also may be initiated in cases of sexting among minors. With increased interest in the phenomena associated with new technology (eg, sexting, cyberbullying, Internet addiction, and pornography), new research has provided some answers as to why and how teenagers sext and what the possible penalties (if any) should be, all of which will be reviewed herein. Such prosecutions can be devastating and costly, both to the teenagers involved and to their families.47 After Ferber, state law closely followed the federal law addressing child pornography,5 which was first enacted in 1978. One could easily argue that if a youth creates a sext to be (consensually) shared with another similar-aged peer, he or she is not an exploited or abused child victim but rather an adolescent engaging in sexual behavior in the digital age. Case examples are used to illustrate the range of legal outcomes, from felony charges to no charges. Late last year, after teen sexting scandals in Long Island, NY, and Caon City, CO, the legal ramifications of teen sexting hit the news. Approximately 20 cases involved sexting between an adult and a minor. If the case involves another adolescent, it may be important to determine the developmental maturity of the defendant as well as the plaintiff. POTENTIAL CONFLICT OF INTEREST: The authors have indicated they have no potential conflicts of interest to disclose. Children who are bullied at school can be at increased risk of harming themselves and of harming the students by whom they have been bullied. Let them know that if their children consensually sext with other teens, it does not mean that they are bad. Instead, encourage them to use this opportunity to talk about healthy relationships, safe sexual practices, and digital citizenship. Furthermore, younger teens may be unaware of the potential dangers of sexting.60 Thus, we argue that consensual teen-to-teen sexting does not warrant law enforcement involvement but rather is a health and education issue that is better addressed at home, in schools, and in primary care. The school or police liaison officer will want . Is Sexting Associated with Sexual Behaviors During Adolescence? No legal charges were brought against the students involved in disseminating the photograph or in the bullying that preceded Miss Witsell's suicide. Similarly, in those rare instances in which minors may go beyond producing sexual images of themselves and choose to disseminate them to adults or coerce other minors to submit to sex and filming, prosecution may be appropriate. Sadly, many teens are victims at the hands of their boyfriends or girlfriends. Evaluation of nonverbal cues, allowing the plaintiff to set the pace, encouraging the plaintiff to make a drawing of the photograph, or using alternate forms of communication may be important. Apps like Tinder, Bumble, Grindr and Snapchat, have made flirting online or on a phone much more common. They will have to participate in an education reform program that involves a maximum of eight hours of instruction that provides information regarding the legal . This search engine provides content from primary law, legal news sources, treatises, jury verdicts, briefs, pleadings, motions, and expert witness transcripts and depositions. Reputations, social lives, and future academics and careers can be ruined as a result of nude pictures going public. The offense of sexual performance of a child is committed when a person employs, authorizes, or induces a child under the age of 18 to engage in sexual conduct. What should I do? 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