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However, as the ACLU has explained in a letter to prosecutors in Washington, prosecutors can and should exercise their discretion to avoid treating teen sexting incidents the same as adult exploitation of children._____Updated June 2017 Sexting is a new twist on the timeless desire of teens and adults to engage in sexual expression.Sexting involves the practice of creating, sending and/or posting sexually suggestive images or video via mobile phone, email, or over the Internet. More than one in three young adults between the age of 18-24 have sexted, and one in four teenagers have done the same. Despite widespread and oftentimes breathless media coverage of teenage sexting stories, it is hardly confined to the under-30 crowd.The AARP Monthly magazine recently updated , advising tech-competent seniors to try sexting as a way to spice up the over-50 love life--complete with a “Sexting 101” section. Most sexting is, by itself, consensual, and intended to be innocuous.If all parties involved were 18 or over, however, there is no crime whatsoever.Further, current law penalizes harassment in underage sexting cases just as harshly as the perpetrator.
Because child pornography laws were not intended to address sexting, the legal consequences for teens engaging in sexting are truly bizarre.
In Florida, a 16-year-old girl and her 17-year-old boyfriend were both convicted under child pornography laws after taking intimate nude photos of themselves.
Closer to home, Thurston County prosecutors initially charged 13- and 14-year-olds with felony distribution of child pornography after a sexting incident in a Lacey middle school. In May 2017, the Washington Supreme Court heard argument in a case that challenges whether a minor can be prosecuted under child pornography laws for taking and sending a picture of himself.
Education about the consequences of one’s actions and shifting social norms are the keys to curbing the tide, not incarceration.
Moreover, with nearly one in four teenagers admitting to sexting, would any parent want to play the odds in believing that their child would never do such a thing?
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What if being wrong means five years in jail for your child?