sexting laws

The topic of sexting comes up frequently in class as this is a new trend. Currently, sexting is being prosecuted under old legislation. This poses a problem because new crimes don’t often fit old laws. Law and technology are competing in a race and law is trailing far behind. This is the result of the law being reaction-based, as I have discussed before. Laws tend to be a step behind society. This disparity can be seen in trials involving, Twitter, MySpace, Napster, etc. Technology seems to be a driving force behind the law, requiring the law to adapt and change with society.
Minors are often those who are charged with sexting crimes. We’ve all heard stories of when a young girl sends a boy a picture of herself naked. There are several different charges that can arise from this situation. Let’s assume both parties are under the age 16. The girl can be charged with distributing child pornography and indecent exposure, both hefty crimes. The boy can be charged with receiving/possession of child pornography when he himself is a minor! He may not have even wanted the picture! Also, neither party can legally consent to any transmission of pornography because they are both minors. Therefore, sexting is illegal when minors are involved and both parties can face prosecution. It will be interesting to see when legislation rules on the legality of sexting. It’s hard to make sexting a crime as the action is almost always voluntary. However, I understand the need to protect children and prosecute those who possess child pornography.