Sexting Laws and the Digital Age

The majority of sexting laws are merely interpretations of laws that already exist, namely child pornography (where underage sexting takes place), sexual harassment (when the attention is unwanted and/or comes from someone in a position of power, such as an employer), sexual exploitation (where the case involves a direct manipulation of power, as with a child or a therapist), or anti-bullying legislation (where the sexual texts and photos are used to harm an individual). Some places in the United States or its protectorates have developed legislation specific to sexting, but the majority have not; sexting's greatest legal presence remains as a part of the application of other laws.

When underage sexting first became an issue, minors who were found with sexually explicit photos or videos of other minors were charged with possession of child pornography, while those who sent these media were charged with distribution of child pornography. While this often seems severe, in the early days of establishing sexting laws, many such cases were intended to make examples of offenders and discourage this practice. In other cases, specifically those circumstances whereby students mass-distributed photos of other students, sexting crossed over into the domain of anti-bullying laws, many of which were still being developed during the rapid rise in the popularity of sexting.

State Sexting Laws

Some states, such as South Carolina and Ohio, have created laws that specifically regulate sexting. South Carolina law applies to those between the age of 12 and 18 and defines sexting as a crime worthy of a misdemeanor; those convicted of sexting will be fined (no more than one hundred dollars) and forced to attend an educational program, detailing the dangers and potential legal ramifications of further sexting. Sexting, under this law, is not considered a sexual offense, despite its sexual nature (Vermont has likewise changed the law to exempt sexting from the category of sexual offenses). Ohio simply bans minors from sexting at all. Several other states, such as California, New Jersey, and New York have implemented legislation that relates specifically to educating teens about the dangers of sexting. This can range from the creation of special school programs that discuss sexting and its use in bullying to forced educational classes for offenders and prohibition on the sale of mobile devices unless information about sexting and its dangers is presented at the time of purchase.

While many state governments have focused on education and reducing sentences for sexters so that minors who commit these offenses are not branded sex offenders and forced to register with a database, many other states have simply rewritten local law so that sexting can carry a harsher penalty. States such as Georgia and Pennsylvania have amended their laws so that mobile devices are now addressed as one of the means by which unlawful and inappropriate content can be distributed; this proviso was unnecessary prior to the digital age.

When both sexters are over the age of 18, their sexting practice is most likely not illegal, unless it involves some special circumstances. In such cases, there are no laws that specifically dictate when and how sexting can be used, but the messages themselves can fall under the purview of other, already existent legislation and can be used to demonstrate that a related crime has occurred.

Sexual Exploitation Charges

Several cases have been reported whereby employers or others in a position of power, such as a district attorney, doctor, or therapist, repeatedly sexted to those beneath them or in their care. The sexting may be a solo act or part of a larger abuse; they may imply that accepting these sexts or reciprocating with the abuser is a constituent of the job or treatment, or that the victim's employment, healthcare, or therapeutic relationship is at risk if he or she does not comply. This kind of behaviour opens the door for sexual exploitation charges.

Sexual exploitation, according to the United Nations' Office of the High Commissioner for Human Rights (UNCHR), is "the abuse of a position of vulnerability, differential power, or trust for sexual purposes" or "forced/coerced sex trade in exchange for material resources, services, and assistance". In these instances, sexting records may be requested in court or when pressing charges, as evidence of a violation.

Sexual Harassment Case

Likewise, sexting can become an important component of evidence in a sexual harassment case. Sexual harassment is defined by the UNCHR as "any unwelcome, usually repeated and unreciprocated sexual advance, unsolicited sexual attention, sexual innuendo... when it interferes with work, is made a condition of employment, or creates an intimidating, hostile, or offensive work environment." Sexting between coworkers or employers/employees can easily be regarded as sexual harassment, unless both parties are consenting.

While not all sexting laws apply to the exchange of messages between minors, the vast majority do. All laws that refer to sexting exist to protect those who are considered vulnerable in the eyes of the law, so that this activity, which is innocent and fun in the right hands, does not become a tool to harm others.

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Sexting: The Good, the Bad, and the Risky

Sexting, a term which combines "sex" with "texting," refers to the sending of messages or pictures which are sexual in nature from one mobile device to another. This practice, which is particularly popular with teenagers in English-speaking countries, has come under a great deal of public scrutiny and has drawn much attention due to the private nature of the activity as well as its potentiality to be used as a tool in bullying and sexual harassment.

History of Sexting

Sexting evolved innocently enough. Before the digital age, it was rather difficult for people to exchange sexual messages quickly as it involved waiting for mail delivery or photo development. With the advent of email, messages traveled quicker, and when internet chat was developed, cybersex was born. Once the digital camera appeared, photographs were fast and easy, no longer reliant on the lengthy (and often not very private) process of developing film. The first mobile phones made texting a reality, allowing people to exchange personal messages instantly, but it was not until phones were produced with decent quality cameras built in (around 2005) that sexting really came about.

Keeping Love Alive

While sexting has received substantial criticism due to its potentially negative uses, the truth of the matter is that it, like every other means of exchanging personal messages, has its good attributes as well. Sexting can be used to keep romance alive by bridging distances, to reinforce the positives in a relationship, to build intimacy through both chatting and exchanging pictures and videos, and to simply have fun.

Sexting not only encourages partners to use their imagination, explore fantasies, and indulge sexual urges when they arise, but it also poses no risks of STDs. Moreover, the intimacy can be stopped cold whenever either partner wishes to end the contact. Shy and self-conscious individuals may find it easier to communicate their sexual feelings or desires through sexting rather than having a face-to-face conversation.

Attachment Issues?

Some psychologists theorize, however, that sexting is one more indicator that an increasing number of people are experiencing attachment issues, a statement founded on our inability to "unplug". Basic behavioral action such as standing by for a text message, constantly refreshing Facebook or checking for emails are patterns similar to a pigeon in a Skinner box, pressing a button to receive food.

Many people use their mobile devices and social networking tools as a means of searching for continuous positive reinforcement. For instance, if a message you have been anticipating comes in, you will feel better, and if it does not, you may sit and wait for it, rather than engaging in other activities and allowing yourself to fully detach from the situation at hand. Psychologists suggest that sexting can be indicative of developing codependence issues, if an individual feels they must constantly communicate with a partner instead of allowing for both people to have time and space to themselves; studies have found that attachment anxiety is a strong predictor for a positive perception of sexting.

The Downside of Sexting

The main opponent of sexting remains its popularity with teens, and two negative issues it raises: teens can be bullied through the use of sexting, and this method of communication tends to "normalize" sexuality at a young age.

With sexually explicit photographs circulating around the classrooms of middle school and high school, it is not hard to imagine that some students could get hurt. Many instances have been found whereby students distribute private photos of an ex in an attempt at revenge post-breakup; consequently some teens fear that this may happen to them if they break up with their partner, which is liable to give the relationship an abusive element. Teens may stay together long after the relationship has run its course in fear of retaliation through spiteful sexting. Other teens have manipulated or otherwise solicited photos of typically less-popular students for the purpose of distributing the pictures and humiliating the victim. To date, several teens have committed suicide after photos that they thought were private were forwarded to their entire school, causing a barrage of bullying and hostility from classmates.

The consequences of sexting for today's youth can be dire for not only the victim; students caught with sexually-explicit pictures of other minors may face charges of child pornography, as well as school-related consequences, such as suspension, expulsion, and being barred from extra-curricular activities.

Sexuality is a powerful weapon, and many argue that it does not belong in the hands of teenagers, who lack the emotional maturity to handle it with discretion. The teenage years are a time of experimenting with boundaries, and those created by sexting are better left in the hands of adults, who understand the implications and can handle sexual communication with responsibility.

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