“Sexting” is the sending of nude or sexually suggestive pictures by electronic means (i.e. cell phone or other electronic devices) to another person. 

Sexcasting is the sending of live nude video via a webcam. 

The intent of the Sexual Exploitation of a Child law was written to charge adult offenders with exploiting a child victim.  The law as written did not anticipate young people  engaging in what we now refer to as "sexting".  Ask a young person today if they have ever heard of sexting and you will get various responses.  Most teens know about the possible negative consequences; however few know that they could be charged with a criminal offense.  Sending sexual images of minors or of yourself is a potential criminal offense.  The laws have not been able to change as quickly as the technology of camera cell phones and other technology.  Teens who exchange sexually explicit photos of themselves through cell phones or other electronic devices can be and have been charged with Sexual Exploitation of a Child.  The practice has raised concerns for parents, educators, and law enforcement officials alike all over the nation.

Do you think this sounds crazy?  It is more widespread than you might think.  It’s been around since about 2005 with the explosion of camera and internet phones, and data suggests that at least 20% of teens have engaged in sexting at some point- that’s one out of every five teenagers that you know. Sexting is the “in” thing to do these days, but most kids are not aware of the legal trouble that such practices can cause.

Is it really child pornography? Teens across the country have been criminally charged for sending and posting nude or semi-nude pictures of themselves to another young person.  Here are some real stories of states that believe it is a crime:

February 2010 - Colorado- several middle school students in Colorado Springs were suspended after distributing a text message photo of a nude 12-year-old girl. Charges could be filed, leading to students being adjudicated as juveniles who have committed sexual offenses.

January 2010-Indiana-A pair of Indiana middle school students are the latest minors to face felony charges for allegedly "sexting" naked photos to each other. The students--a 13-year-old girl and a 12-year-old boy--were charged in connection with an incident last week at Ben Franklin Middle School in Valparaiso. The students are each facing felony child exploitation and possession of child pornography charges, according to the police report.

September 2009 – Florida –a 13-year old girl hanged herself after pictures she sent to her boyfriend were sent out to other peers, the second such reported case (an 18-year old girl from Ohio killed herself in July 2009 based on a similar incident.

March 2009 - Florida- an 18-year-old boy was charged and convicted of sending child pornography after sending a naked photo of his 16-year-old girlfriend to friends and family members after an argument. He was sentenced to five years probation and was required to register as a sex offender.

January 2009 – Pennsylvania – Fox news reported 3 teenage girls were charged with creation of child pornography for “sexting” and 3 teenage boys were charged with possession of child pornography for receiving the images.

October 2008 – Texas – CBS reported an 8th grade student spent a night in jail after a coach found a nude picture on his cell phone that was sent by another student.

Research indicates sexting is already a full-blown epidemic in the U.S and other countries.  It is probably here to stay.  What we can do for our communities is push for educational legislation not criminal arrests.  Charging children with a sexual crime and  requiring them to register as a sexual  offender is not the answer to this ever growing problem.  Law enforcement, prosecutors, judges, schools and parents need to work together  and require that schools provide information to children on the dangers involved in sexting.  Educate and talk with your children today.  In my years of service I have seen the enormous impact a sex crime can have on families.  In the seconds it takes to snap a nude digital photo and send it in a cell phone text, "sexting" can ruin a reputation, result in criminal charges and literally destroy lives.  Parents get informed, talk about it with your teens, teach them about modesty, set rules about texting, check up on them, establish consequences, ban camera phones if necessary and teach your kids the importance of interpersonal not virtual communication.