sign in sign up
<<
Home , Child pornography, Sexting

Teenagers, , and the Law Victor C. Strasburger, MD,a Harry Zimmerman, JD, Jeff R. Temple, PhD,b Sheri Madigan, PhD, R Psychc,d

The phenomenon of teen sexting emerged as a result of the proliferation of abstract digital technology. More than 40 studies have established that teen sexting occurs relatively frequently and is a rising trend, commensurate with the ubiquity of ownership in teens. Studies have shown that sexting is associated with incidences of increased sexual behavior. US state laws on sexting vary widely, from decriminalization to misdemeanor charges or prosecution for with harsh sentences. Teen behavior and digital invention have outpaced the development of new laws, and this has the potential to have dire legal ramifications for teens. Separating consensual sexting from nonconsensual sexting and actual is a critical next step for law enforcement agencies and policy makers to catch up to technology. In this article, 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 aDepartment of Pediatrics, School of Medicine, University of New Mexico, Albuquerque, New Mexico; bUniversity of Texas primary care. Medical Branch, Galveston, Texas; cUniversity of Calgary, Calgary, Canada; and dAlberta Children’s Hospital Research Institute, Calgary, Canada

Dr Strasburger and Mr Zimmerman conceptualized With the advent of , the interest in the phenomena associated the study, drafted the initial manuscript, and past decade has witnessed a new with new technology (eg, sexting, reviewed and revised the manuscript; Drs Temple manifestation of adolescent sexual , , and and Madigan helped to conceptualize the study and behavior known as sexting. In 2018, pornography), new research has critically reviewed and revised the manuscript; and all authors approved the final manuscript as 95% of teens or had access to provided some answers as to why and submitted and agree to be accountable for all 1 a smartphone. Smartphones are the how teenagers sext and what the aspects of the work. mechanism through which many teens possible penalties (if any) should be, all DOI: https://doi.org/10.1542/peds.2018-3183 are sharing explicit images and videos of which will be reviewed herein. Accepted for publication Dec 17, 2018 of themselves with other teens. Teen Address correspondence to Victor C. Strasburger, sexting behavior has created confusion DEFINITION MD, 219 Meadowbrook Dr, Bennington, VT 05201. with respect to potential legal E-mail: [email protected] repercussions (ie, the possession and Although there is no universally agreed PEDIATRICS (ISSN Numbers: Print, 0031-4005; Online, distribution of material that can be on definition of sexting, most scholars 1098-4275). fi considered child pornography). de ne it as some variation of the Copyright © 2019 by the American Academy of Notably, many child pornography laws sending or receiving of sexually explicit Pediatrics were written and passed before the pictures, videos, or text messages via FINANCIAL DISCLOSURE: The authors have indicated advent of the digital technology era, smartphone, digital camera, or they have no financial relationships relevant to this and this has resulted in a patchwork of computer.2 The National Center for article to disclose. state laws that vary from Missing and Exploited Children defines FUNDING: Supported by the Alberta Children’s noncriminalization of sexting and sexting as “youth writing sexually Hospital Foundation and the Canada Research Chairs education to misdemeanor charges or explicit messages, taking sexually Program (Dr Madigan). indictments that can potentially explicit photos of themselves or others POTENTIAL CONFLICT OF INTEREST: The authors have result in 20-year prison terms and in their peer group, and transmitting indicated they have no potential conflicts of interest permanent sexual offender status. those photos and/or messages to their to disclose. Indeed, 23 states still use child peers” by smartphone, computer, video pornography statutes to prosecute camera, digital camera, or .2 To cite: Strasburger VC, Zimmerman H, Temple teenagers caught engaging in sexting Complicating matters, there is also no JR, et al. Teenagers, Sexting, and the Law. Pediatrics. 2019;143(5):e20183183 with other teens. With increased universal definition of what “sexually

Downloaded from www.aappublications.org/news by guest on September 28, 2021 PEDIATRICS Volume 143, number 5, May 2019:e20183183 STATE-OF-THE-ART REVIEW ARTICLE explicit” entails, and it can range from form of adolescent behavior and and 7.6% for girls. In 2018, a full nude body to partial or fully perhaps constitutionally protected a Pennsylvania survey of 6021 ninth- exposed breasts or male genitalia. First Amendment speech. to 12th-graders found that 29% of teens were engaged in consensual Many courts have adopted the sexting.9 In this study, nearly one- fi fi de nition rst used by a federal trial PREVALENCE OF TEEN SEXTING third of the sexts were specifically 3 court in United States v Dost. There, fi Because studies have varied with how identi ed as being consensual, the critical issue before the court was they define sexting, ages of children whereas 3% were reported as being whether the pictures depicted the 9 and teenagers studied, and conditions nonconsensual, a 10-fold difference. minors engaging in sexually explicit under which sexting has occurred, Taken together, the prevalence of conduct as defined in the federal prevalence estimates can vary widely. sexting among teens is becoming statutes that criminalize the creation The best current estimate of sexting more established. Several researchers and distribution of child pornography. fi prevalence comes from a recent have identi ed an urgent need to That court set forth 6 nonexclusive large-scale meta-analysis that clarify the characteristics of those factors in determining if “a visual statistically summarized 39 studies who sext, the conditions under which depiction of a constitutes published before 2017 with 110 380 sexting occurs safely versus a ‘lascivious exhibition of the genitals subjects.6 Results revealed that the harmfully, as well as the possible or pubic area’” under 18 US Code 4 prevalence of sexting behaviors is as consequences of teen sexting in terms x2255(2) (E), the definitions section follows: sending a sext (14.8%), of concerning physical (eg, early of the statutory scheme (Id. at 830) is receiving a sext (27.4%), forwarding sexual debut) and mental health as follows: a sext without consent (12.0%), and outcomes (eg, depression, anxiety, 10,11 1. whether the focal point of the having a sext forwarded without and delinquency). Pressing ’ fi visual depiction is on the child s consent (8.4%). This meta-analysis questions in the eld include the genitalia or pubic area; involved studies from multiple following: 2. whether the setting of the visual countries (22 in the United States, 12 1. When does sexting typically depiction is sexually suggestive (ie, in Europe, 2 in , 1 in Canada, begin? Are there differential in a place or pose generally 1 in South Africa, and 1 in South consequences for boys and girls associated with sexual activity); Korea), and mobile devices were the who engage in sexting?6,12,13 Do 3. whether the child is depicted in an most common technology involved. outcomes differ according to the unnatural pose, or in Among studies included in the meta- type or content of material sexted? inappropriate attire, considering analysis, most examined sexting via Are multiple partners sometimes the age of the child; the sharing of images (28% of all involved? studies) or images and/or videos 4. whether the child is fully or 2. How many sexts involve coercion? (36%), whereas others examined partially clothed or nude; Research suggests that some sexts sexting via the sharing of images, may be coercive in nature.14,15 5. whether the visual depiction videos, and/or explicit text messages suggests sexual coyness or Are unwanted sexts the equivalent (36%). The prevalence of sexting did fi a willingness to engage in sexual of bullying? Adequately de ning not vary by but did vary by age, coercion, both qualitatively activity; and with an increase in sexting as teens and quantitatively, will be an 6. whether the visual depiction is progressed through adolescence. important step in moving this intended or designed to elicit literature forward. a sexual response in the viewer More recent research has 6 (Id. at 832). corroborated the Madigan et al 3. Is there an association between meta-analysis. A 2017 study of sexting and other risk-taking The federal definition of child 1208 12- to 18-year-old Los Angeles behaviors or an impact on pornography5 cites “graphic or teens found that 17% had sent a sext, normative sexual development or simulated lascivious exhibition of the and 24% had received a sext.7 body self-image? Is early versus genitals or pubic area” or “a minor Another 2017 study in Utah of 656 later sexting onset associated with engaging in sexually explicit conduct.” high school students found that greater or fewer physical and It confines itself to visual depictions 15.8% of boys and 13.6% of girls had mental health consequences? only, not text messages. State laws sent a sext, and 40.5% of boys and Increasing research indicates often follow the federal definition, but 30.6% of girls had received a sext.8 an association with sexual many states have now passed Similar to Madigan et al,6 Strassberg intercourse or intention to have separate sexting legislation that et al8 showed that the prevalence of sexual intercourse in the near specifically addresses this increasing forwarding sexts was 12.2% for boys future7,9,16–21 and having multiple

Downloaded from www.aappublications.org/news by guest on September 28, 2021 2 STRASBURGER et al sexual partners.13 However, the constituting a form of cyberbullying consequences (embarrassment, connection between sexting and with tragic outcomes.34–36 shame, and rejection).11,14,18,39,40 drug use, anxiety and depression, 2. : An emerging and a history of sexual phenomenon, sextortion involves 9,18–23 (cited in several studies )is FORMS OF CONSENSUAL TEEN SEXTING the threatened dissemination (for fi correlational at best and not rmly money, sex, or more images) of 6 Consensual teen sexting is as follows: established. Meta-analyses are explicit or embarrassing sexual 1. Purely consensual, from 1 teen to needed to resolve discrepancies in images without consent.41 The another: Although this behavior the literature, and longitudinal only current study sampled potentially carries risk given that studies are needed to examine the .5500 middle and high school digital images can be permanent temporal order of associations. students and found that 5% (eg, even sexts can be 4. Are there certain conditions when had been the victim of sextortion “grabbed” by third-party teen sexting has fewer and 3% had threatened others applications), it falls within the consequences? Sexting that occurs who had shared an image with context of normative adolescent within an existing or committed them in confidence. Boys and sexual development and brain teen relationship may include less nonheterosexual youth were more maturation. With respect to this coercion and fewer health risk likely to be targeted, and boys latter point, the human brain is not behaviors. were more likely to target fully mature until age 25 years or others.42 5. Are there ways to determine older, especially areas of the prevalence other than self- frontal cortex (dealing with 3. Teen sexts that have been reports? Searching police reports, judgment) and the limbic system requested or accessed by an : online forums, hotline reports, or (dealing with impulsiveness).37 We argue that this behavior fits even hypothetical vignettes for within the traditional definition of 2. Consensual but coerced sexting: teens could help establish more child pornography except in This may fall within the context of accurate estimates of prevalence.10 “Romeo and Juliet” cases, in which pressure to engage in other sexual a statute prohibits prosecution or In sum, research from .40 studies to activities and could be a legitimate provides an affirmative defense to date suggests that teen sexting is topic for ongoing discussions prosecution if the parties are close common, is often consensual, about implicit and explicit enough in age as defined by the increases with age, and is on the rise as well as acceptable and statute. likely because of the increase in consensual sexual behavior.15,38 A smartphone ownership in teens and more precise definition of what greater acceptance among teens of constitutes coercion and the SUPREME COURT DECISIONS pursuing sexual intimacy online.6 degree to which it is consensual is US Supreme Court decisions suggest essential in future research that a shift from the 23 states’ stance endeavors to adequately of adhering to child pornography WHY TEENS SEXT understand this form of sexting. laws to address sexting is indicated. A consensus of experts has concluded that teen sexting is Nonconsensual teen sexting (ie, In New York v Ferber,43 the court a modern form of flirting or anything that goes beyond the concluded that distributing child romantic overture.6,13,18,24–32 Sexting boundary of the initially intended pornography is inevitably tied to the appears to most often be done teen recipients) is as follows: of children because the consensually compared with 1. Disseminated sexts: This occurs material is a permanent record of the nonconsensually,8 and only a small when a sext has been abuse whereby children have been minority of adolescent girls and boys disseminated against the wishes of sexually exploited. They emphasized report being coerced to sext.14,33 1 of the partners or without the the victim’s “physiological, emotional, Although consensual sexting it is not initial sender’s knowledge (eg, and mental health” (Id. at 758). known to be initially harmful to forwarding of sexts and revenge The decision categorically exempted either party, the act of sexting does porn). Although the prevalence child pornography from the First carry the risk of prosecution in many of this form of sexting is lower Amendment protections that states as well as the risk of future than that of consensual sexting, adult pornography receives. The nonconsensual dissemination of the ramifications are qualitatively child protection rationale applied sexual images. In the most extreme and potentially far greater not only to the production of consequences, sexts have been given their nonconsensual nature child pornography but also to disseminated without consent, and resulting psychosocial the distribution of it because

Downloaded from www.aappublications.org/news by guest on September 28, 2021 PEDIATRICS Volume 143, number 5, May 2019 3 pornographic depictions of children are “intrinsically related to the sexual abuse of children” (Id. at 759). In Ashcroft v ,44 the court struck down prohibitions on “virtual” or computer-generated child pornography and pornography involving actors who appear to be (or are held out as) minors but, in fact, are . The court explained that such pornography “records no crime and creates no victims by its production” (Id. at 250). The key element cited was that child pornography emanated from the sexual abuse of minors, which the court described as “a most serious crime and an act repugnant to the moral instincts of a decent people” (Id. at 244). More recently, in United States v Stevens45 the US Supreme FIGURE 1 Court continued to endorse the How states approach teen sexting: pie chart. (Created by and used with permission from Ken Stalter, “intrinsically related to the JD.) underlying abuse” standard that came out of Ferber and would seem to the teenagers involved and to their no prohibition on the possession of exclude sexting between romantic families.47 After Ferber, state law sexually explicit material if the person teen partners (Id. at 471). closely followed the federal law is at least 14 or 15 years of age and Furthermore, the US Constitution’s addressing child pornography,5 which the possessor is ,5 years older than First Amendment could allow for the was first enacted in 1978. Because the person depicted. Essentially, these protection of consensual sexting. The smartphones did not become states have decriminalized sexting. Ferber decision went on to say that commonly used until 2010, the 51 52 “, without more, is protected federal law does not specifically New Jersey and New York have expression” (Id. at 765, fn. 18, further address sexting other than possessing also created leniency in state citation omitted). Consequently, there sexual content on computers. constitutions in which they allow for may be an argument to be made that a diversionary program rather than consensual teen sexting constitutes States may offer expanded free full prosecution under child protected speech. “It is not the sexual speech protection for sexting under pornography statutes. Such programs depiction of youths in visual media their own state constitutions. Indeed, involve educating the teenagers that renders it unprotected speech, as 27 states have passed laws that charged on such topics as legal and child pornography laws are often specifically address sexting (see nonlegal consequences of sharing interpreted as proclaiming, but the https://cyberbullying.org/sexting- sexually suggestive materials. 53 54 abuse of a child that occurs in its laws for a state-by-state interactive Georgia and Utah allow for production and distribution that map; Figs 1 and 2). For example, New reduced, misdemeanor penalties if renders it so.”46 Mexico and Maine have exempted certain criteria are fulfilled. For teen sexting from the scope of child example, in Georgia, the possessor pornography statutes under certain must be age 18 years or younger, the – LEGAL IMPLICATIONS OF TEEN SEXTING circumstances.48 50 In New Mexico, teen depicted must be at least age At present, teen sexting may be child pornography laws are not 14 years, consent must exist, and prosecuted under state law, which applicable when a teen ,18 years of there can be no distribution. varies considerably from state to age possesses an explicit image in Indiana55 and Nebraska56 have added state, or conceivably under federal which the depicted child is 14 to “affirmative defenses” to their child law if the teens involved live in 18 years old and the depicted teen pornography statutes. For example, in different states. Such prosecutions knowingly and voluntarily consented Nebraska, a visual depiction that can be devastating and costly, both to to the possession. In Maine, there is portrays only the defendant

Downloaded from www.aappublications.org/news by guest on September 28, 2021 4 STRASBURGER et al FIGURE 2 How states approach teen sexting: map. (Reprinted with permission from Ken Stalter, JD.) constitutes 1 affirmative defense. A could easily argue that if a youth up to 10 years in prison and had to second defense is when only 1 teen is creates a sext to be (consensually) register for life as a . A depicted, he or she knowingly and shared with another similar-aged Minnesota judge dismissed the charge voluntarily participated in the peer, he or she is not an exploited or in March 2018. production of the image without abused child victim but rather an any coercion, and there was no adolescent engaging in sexual In his ruling, Rice County District distribution. The remaining 19 states behavior in the digital age. Even if Judge John Cajacob wrote that the separate sexting as misdemeanor a law considers youth to be victims, state’s child pornography statute is offenses and often have Romeo and incarcerating them will not protect designed to protect children from Juliet provisions; for example, in them. Moreover, in many of these victimization and that punishing the girl Texas, if the minors are within states, consensual real-life sex for sending sexual images of herself 2 years of age of each other and between teens .16 years of age produces “an absurd, unreasonable, are in a “dating relationship,” there is legal. and unjust result that utterly confounds is an affirmative defense to the the stated purpose of the statute.” He misdemeanor sexting statute.57 went on to say that “the punishment is CASE EXAMPLE vastly disproportionate to this girl’s In the 23 other states, teens who In 2014, a Minnesota girl was ‘crime.’ This court cannot see how engage in sexting can be prosecuted, charged with felony distribution of subjecting [the girl] to registering as convicted, and sentenced to up to child pornography after she used a sexual offender would protect her or 20 years in prison and receive Snapchat to send a revealing selfieto teach her anything but that the justice a lifetime sexual offender status for a boy at her school.58 The boy took system is cruel and unjust. The idea production and possession of child a screenshot of the photograph that heavy-handed enforcement of pornography. Interestingly, in these before it disappeared and then pornography laws is going to help these states, a teen sexter can be charged as distributed it to his friends without misguided, struggling teens is itself both an offender and a victim. One her consent. If convicted, she faced absurd.”59

Downloaded from www.aappublications.org/news by guest on September 28, 2021 PEDIATRICS Volume 143, number 5, May 2019 5 TABLE 1 Advice for Pediatricians makers, teens, parents, as well as teen is deciding to create and/or Anticipatory Guidance and Interventions for the schools and communities. share a sexually explicit image of Practicing Pediatrician himself or herself. In the context of Society seems to understand and flirting or a romantic relationship, With tweens and teens, incorporate sexting acknowledge that teenagers are into your ongoing discussions of “ ” this may be completely innocuous. and healthy relationships. Discuss capable of doing dumb things and potential legal and psychosocial engaging in risky behaviors. In Sexting teens may also be engaging in consequences without shaming this addition to the human desire of a legal sexual relationship (∼41% of relatively common adolescent behavior. sexual curiosity, teen brains are not teens have sexual intercourse by the Discuss how they can be good digital fully developed, making them time they graduate high school).61 citizens by being safe, legal, and ethical online. susceptible to impulsive decisions Thus, it is counterintuitive that they With parents, talk about the different types and less consideration of could be considered old enough to of sexting: consensual, nonconsensual, consequences. Furthermore, younger consent for sex (or even to get and coerced. Let them know that if their teens may be unaware of the married) but prosecuted for sending children consensually sext with other potential dangers of sexting.60 Thus, nude or seminude pictures of teens, it does not mean that they are “bad.” Instead, encourage them to use we argue that consensual teen-to- themselves to each other. With time this opportunity to talk about healthy teen sexting does not warrant law and increasing maturity (not to relationships, safe sexual practices, and enforcement involvement but rather mention the inevitable change in digital citizenship. is a health and education issue that is relationships) a sexting teen may With policy makers, advocate for policy better addressed at home, in schools, regret having created the explicit changes that decriminalize consensual sexting between adolescents and work and in primary care. image. Nevertheless, pediatricians, with policy makers on laws that penalize child psychologists, and other teen- Child pornography laws were enacted adult-child sexting, , and focused health care providers would long before smartphones came into misuse of potentially harmful forms of agree that this behavior does not rise existence. Teen behavior and digital sexting (coerced and nonconsensual to the level of severe criminal sexting). invention have outpaced the behavior potentially requiring many With schools and communities, work to development of new laws, and this incorporate evidence-based programs on years of incarceration and permanent has the potential to have dire legal sexting and digital citizenship into sexual offender status. fi antibullying and healthy-relationship rami cations for teens. States should curricula. consider restructuring or modeling Furthermore, sexting prosecutions their laws to mirror New Mexico’s, can expose teens and families to which has made an exception to severe embarrassment and unwanted A POSSIBLE COMPROMISE child pornography laws when sexting notoriety in the newspapers. fi On the basis of the evidence occurs in teens ,18 years of age, Signi cant legal expenses can also be presented above, we argue that the depicted image is of a teen 14 incurred. Data from a national sample consensual sexting between teens to 18 years of age, and the depicted of 2700 law enforcement agencies should not be unlawful. In essence, teen knowingly and voluntarily about sexting cases between 2008 and 2009 found that arrests occurred consensual sexting between consented to the possession. in one-third of the cases, including adolescents should be decriminalized. fi Below, we offer speci c legislative or 18% of the consensual cases. The Just like sex, sexting should be judicial suggestions for assessing authors noted, “Sexting also involves considered a health and development various forms of sexting. episodes, an estimated 33%, with no issue, not a legal issue. We argue that malicious elements that were better prosecutions should be limited to the Consensual Sexting characterized as experimental more egregious and nonconsensual What seems logical and appropriate, romantic and sexual attention acts in which there is exploitation via from both a pediatric and a legal seeking among adolescents.”62 further distribution, commercial or viewpoint, is to separate consensual More recently, teens in several otherwise, or in which a third party sexting from nonconsensual and states have been charged as sexual might be involved outside of the coerced sexting as well as actual child offenders for engaging in sexting.63,64 adolescent relationship scenario that pornography. With self-produced Moreover, in 2017, the US House might be indicative of coercion or naked images, a sexting teenager’s of Representatives passed the exploitation. In Table 1, we provide only potential victim is himself or Protecting Against Child Exploitation anticipatory guidance for herself. Far from being forced or Act, which would have subjected pediatricians and health care enticed into submitting to sexual sexting teens to 15- to 30-year prison professionals seeking to address acts that are being recorded (the sentences had the US Senate voted sexting and its legalities with policy definition of child pornography), the to approve the act.65

Downloaded from www.aappublications.org/news by guest on September 28, 2021 6 STRASBURGER et al All this said, we are not encouraging Child Pornography ACKNOWLEDGMENT or condoning teen sexting; rather, we The US Supreme Court has clearly We thank Ken Stalter, JD, for his are suggesting that it be delineated that adults who sexually valuable research contributions. decriminalized. The decriminalization abuse children and teens and record laws of states such as Maine and New that exploitation should be REFERENCES Mexico would seem most progressive, prosecuted to the fullest extent of the 1. Anderson M, Jiang J. Teens, social followed by misdemeanor statutes law. Even adults who have obtained media, and technology 2018. Available and Romeo and Juliet laws. Efforts by “ ” self-produced teen images may at: www.pewinternet.org/2018/05/31/ schools, parents, and mental health merit prosecution, subject to any personnel should be vigorously teens-social-media-technology-2018/. Romeo and Juliet–type exception or Accessed September 20, 2018 employed to educate adolescents affirmative defense. Similarly, in those about potential risks involved. 2. National Center for Missing and rare instances in which minors may Exploited Children. Policy statement on go beyond producing sexual images of sexting. 2009. Available at: www. Coercive Sexting themselves and choose to missingkids.com/home. Accessed disseminate them to adults or coerce fi September 24, 2018 De ning coercion in a relationship other minors to submit to sex and 3. United States v Dost, 636 F. Supp. 828 may be problematic from a legal fi lming, prosecution may be (SD Cal. 1986) viewpoint, and more research is appropriate. needed to understand the prevalence 4. Civil remedy for personal injuries, 18 and consequences of this form of USC x2255(2)(E) sexting. Initial studies do reveal that 5. Sexual exploitation of children, 18 USC CONCLUSIONS more girls are asked to send sexual x2251 Parental and societal concerns pictures than they actually 6. Madigan S, Ly A, Rash CL, Van Ouytsel J, 13,14,19,66 ’ do. Even within the context inevitably revolve around teens Temple JR. Prevalence of multiple of a peer-to-peer adolescent romantic sexual activity, and sexting has forms of sexting behavior among youth: relationship, there may be instances brought those concerns front and a systematic review and meta-analysis. in which pressure or coercion is center. Traditionally, government has JAMA Pediatr. 2018;172(4):327–335 applied to produce sexting images. always had a compelling interest in 7. Rice E, Craddock J, Hemler M, et al. But as discussed above, rather than protecting minors, but only using the Associations between sexting behaviors 68 be a law enforcement issue, this “least restrictive means necessary.” and sexual behaviors among mobile should be addressed as an Fears that sexting represents an phone-owning teens in Los Angeles. educational opportunity to explore increased of teens in Child Dev. 2018;89(1):110–117 fi issues of adolescent sexual society do not appear justi ed 8. Strassberg DS, Cann D, Velarde V. development and consent. because sexual intercourse and Sexting by high school students. Arch certain risky sexual behaviors have Sex Behav. 2017;46(6):1667–1672 actually decreased over the last 2 9. Frankel AS, Bass SB, Patterson F, Dai T, Nonconsensual Sexting and/or decades.60 There are 22 million 13- Dissemination Brown D. Sexting, risk behavior, and to 17-year-olds in the United mental health in adolescents: an 69 Forwarding sexts without consent States. Smartphone ownership or examination of 2015 Pennsylvania Youth may represent a potential form of access now stands at 95% of all Risk Behavior Survey data. J Sch cyberbullying and should not be teens, a 22% increase from 2014 to Health. 2018;88(3):190–199 11,15,67 excused or tolerated. Yet, this 2015 according to the most recent 10. Van Ouytsel J, Walrave M, Ponnet K. behavior does not seem to rise to the report, and the average age of Adolescent sexting research: the 1,70 level of actual child pornography acquisition is 10.3 years. If ∼15% challenges ahead. JAMA Pediatr. 2018; unless such images fall into the hands of teens are sending sexts and 30% 172(5):405–406 of adults, in which case the onus falls are receiving them in the United 11. Reyns BW, Burek MW, Henson B, Fisher on the adult who retains, posts, or States, that would amount to 3.3 BS. The unintended consequences of forwards the sexts. Although such million sending sexts and 6.6 million digital technology: exploring the teens may require more intensive receiving sexts, an overwhelming relationship between sexting and education and rehabilitation and number if prosecutions are to occur. cybervictimization. J Crime Justice. possibly even be subjected to From pure numbers alone, 2013;36(1):1–17 prosecution and be liable for consensual sexting appears to now 12. Madigan S, Van Ouytsel J, Temple JR. damages, we argue that they represent a common adolescent Nonconsensual sexting and the role of should not be considered child behavior in the digital era that does sex differences—reply. JAMA Pediatr. pornographers. not warrant prosecution. 2018;172(9):890–891

Downloaded from www.aappublications.org/news by guest on September 28, 2021 PEDIATRICS Volume 143, number 5, May 2019 7 13. Englander E, McCoy M. Sexting – 25. Collins RL, Strasburger VC, Brown JD, video taken without permission. News prevalence, age, sex, and outcomes. Donnerstein E, Lenhart A, Ward LM. Channel 8. June 8, 2016. Available at: JAMA Pediatr. 2018;172(4):317–318 Sexual media and childhood well-being https://www.wfla.com/news/ and health. Pediatrics. 2017;140(suppl hillsborough-county/girl-15-commits- 14. Thomas SE. “What should I do?:” Young 2):S162–S166 suicide-after-friends-share-nude- women’s reported dilemmas with nude snapchat-video_20180316101823442/ photographs. Sex Res Social Policy. 26. Hogan M, Strasburger VC. Social media 1051994909. Accessed September 20, 2018;15:192–207 and new technology: a primer. Clin 2018 Pediatr (Phila). 2018;57(10):1204–1215 15. Englander E. Cyberbullying, self- 37. Vijayakumar N, Op de Macks Z, Shirtcliff cyberbullying, and coerced sexting: 27. Moreno MA, Whitehill JM. New media, EA, Pfeifer JH. Puberty and the human epidemiology and clinical correlates. old risks: toward an understanding of brain: insights into adolescent J Am Acad Child Adolesc Psychiatry. the relationships between online and development. Neurosci Biobehav Rev. 2017;56(10):S6 offline health behavior. Arch Pediatr 2018;92:417–436 Adolesc Med. 2012;166(9):868–869 16. Houck CD, Barker D, Rizzo C, Hancock E, 38. The Facts Behind the #MeToo Norton A, Brown LK. Sexting and sexual 28. Editorial Board. Change law that Movement: A National Study on Sexual behavior in at-risk adolescents. criminalizes teen sexting. Seattle Times. Harassment and Assault. Reston, VA: Pediatrics. 2014;133(2). Available at: February 8, 2018. Available at: https:// 2018. Available at: www. www.pediatrics.org/cgi/content/full/ www.seattletimes.com/opinion/ stopstreetharassment.org/wp-content/ 133/2/e276 editorials/change-law-that-criminalizes- uploads/2018/01/Full-Report-2018- teen-sexting/. Accessed September 20, 17. Rice E, Gibbs J, Winetrobe H, et al. National-Study-on-Sexual-Harassment- 2018 Sexting and sexual behavior among and-Assault.pdf. Accessed September middle school students. Pediatrics. 29. Symons K, Ponnet K, Walrave M, 20, 2018 2014;134(1). Available at: www. Heirman W. Sexting scripts in 39. Sevcíková A. Girls’ and boys’ experience pediatrics.org/cgi/content/full/134/1/ adolescent relationships: is sexting with teen sexting in early and late e21 becoming the norm? New Media Soc. adolescence. J Adolesc. 2016;51: 2018;20(10):3836–3857 18. Titchen KE, Maslyanskaya S, Silver EJ, 156–162 Coupey SM. Sexting and adolescent 30. Temple JR. A primer on teen sexting. 40. Van Ouytsel J, Walrave M, Ponnet K, girls: associations with sexual activity Am Acad Child Adolesc Psychiatry Heirman W. The association between and abuse. J Adolesc Health. 2017;62(2): Connect. 2015;2(4):6–8 adolescent sexting, psychosocial S62 31. Temple JR, Le VD, van den Berg P, Ling Y, difficulties, and risk behavior: 19. Temple JR, Paul JA, van den Berg P, Le Paul JA, Temple BW. Brief report: teen integrative review. J Sch Nurs. 2015; VD, McElhany A, Temple BW. Teen sexting sexting and psychosocial health. 31(1):54–69 and its association with sexual J Adolesc. 2014;37(1):33–36 41. Madigan S, Villani V, Azzopardi C, et al. behaviors. Arch Pediatr Adolesc Med. 32. Wright PJ, Donnerstein E. Sex online: The prevalence of unwanted online 2012;166(9):828–833 pornography, sexual solicitation, and sexual exposure and solicitation among 20. Temple JR, Choi H. Longitudinal sexting. Adolesc Med State Art Rev. youth: a meta-analysis. J Adolesc association between teen sexting and 2014;25(3):574–589 Health. 2018;63(2):133–141 sexual behavior. Pediatrics. 2014;134(5). 33. Burén J. Lunde C. Sexting among 42. Patchin JW, Hinduja S. Sextortion Available at: www.pediatrics.org/cgi/ adolescents: a nuanced and gendered among adolescents: results from content/full/134/5/e1287 online challenge for young people. a national survey of U.S. youth 21. Ybarra ML, Mitchell KJ. “Sexting” and its Comput Hum Behav. 2018;85:210–217 [published online ahead of print relation to sexual activity and sexual 34. . Suicide of teen who September 28, 2018]. Sex Abuse. doi: risk behavior in a national survey of made sex tape presents dilemma for 10.1177/1079063218800469 adolescents. J Adolesc Health. 2014; schools. CBS News. September 13, 2017. 43. New York v Ferber, 458 US 747 (1982) 55(6):757–764 Available at: https://www.cbsnews.com/ 44. Ashcroft v Free Speech Coalition, 535 22. Chaudhary P, Peskin M, Temple JR, et al. news/corey-walgren-suicide-sex-tape- US 234 (2002) Sexting and mental health: a school- dilemma-for-schools-chicago/. Accessed based longitudinal study among youth in September 20, 2018 45. United States v Stevens, 559 US 460 Texas. J Appl Res Child. 2018;8(1):1–27 (2010) 35. CTV News Staff. Timeline: Amanda Todd 23. Gamez-Guadix M, de Santisteban P. investigation. CTV News. April 18, 2014. 46. Primack AJ. Youth sexting and the first “Sex Pics?”: longitudinal predictors of Available at: https://www.ctvnews.ca/ amendment: rhetoric and child sexting among adolescents. JAdolesc canada/timeline-amanda-todd- pornography doctrine in the age of Health. 2018;63(5):608–614 investigation-1.1782168. Accessed transla tion. New Media Soc. 2017;20(8): September 20, 2018 2917–2933 24. Barrense-Dias Y, Berchtold A, Surís JC, Akre C. Sexting and the definition issue. 36. McCowan C. Girl, 15, commits suicide 47. Drew J, Weiss W. Fayetteville sexting J Adolesc Health. 2017;61(5):544–554 after friends share nude Snapchat case highlights quandary over child

Downloaded from www.aappublications.org/news by guest on September 28, 2021 8 STRASBURGER et al porn laws. WRAL. September 24, 2015. www.aclu.org/blog/juvenile-justice/ michronicleonline.com/2017/02/28/ Available at: https://www.wral.com/ minnesota-prosecutor-charges-sexting- high-school-teen-faces-10-years-in- sexting-case-highlights-quandary-over- teenage-girl-child-pornography. prison-for-sexting-female-classmate/. child-porn-laws/14922526/. Accessed Accessed September 20, 2018 Accessed September 24, 2018 September 20, 2018 59. Forlitti A. Judge dismisses “absurd” 65. Burns J. House passes bill that could 48. Sexual exploitation of a minor, 17-A MRS case against Minnesota teen who have teens facing 15 years for trying to x282 ‘sexted’ boy. Associated Press. March sext. Forbes. June 2, 2017. Available at: 49. Possession of sexually explicit material, 16, 2018. Available at: https://www. https://www.forbes.com/sites/ 17-A MRS x284 twincities.com/2018/03/16/judge- janetwburns/2017/06/02/house-passes- dismisses-absurd-case-against- bill-that-could-jail-teens-15-years-for- 50. Sexual exploitation of children, 1978 minnesota-teen-who-sexted-boy/. sexting/. Accessed September 24, 2018 x NMSA 30-6A-3 Accessed September 20, 2018 66. Lippman JR, Campbell SW. Damned if 51. Diversionary programs for certain 60. Gewirtz-Meydan A, Mitchell KJ, Rothman you do, damned if you don’t…If you’re juveniles, NJ Rev Stat x2A:4A-71.1 EF. What do kids think about sexting? a girl: relational and normative 52. Educational Reform Program, NY CLS Comput Hum Behav. 2018;86:256–265 contexts of adolescent sexting in the Soc Serv x458(1) United States. J Child Media. 2014;8(4): 61. Kann L, McManus T, Harris WA, et al. 371–386 53. Sexual exploitation of children, Youth risk behavior surveillance - reporting violation, forfeiture, United States, 2017. MMWR Surveill 67. Krieger MA. Unpacking “sexting”: x penalties, OCGA 16-12-100 Summ. 2018;67(8):1–114 a systematic review of nonconsensual 54. Pornographic material or sexting in legal, educational, and 62. Wolak J, Finkelhor D, Mitchell KJ. How performance–expert testimony not psychological literatures. Trauma often are teens arrested for sexting? required, Utah Code Ann x76-10-1204 Violence Abuse. 2017;18(5):593–601 Data from a national sample of police 55. Criminal law and procedure, Burns Ind cases. Pediatrics. 2012;129(1):4–12 68. Sable Communications of California v Code Ann x35-49-3-4 FCC, 492 US 115 (1989) 63. WPXI Staff. 5 local high school students 56. Sexually explicit conduct, visual charged in sexting case. WPXI. February 69. ACT for Youth. U.S. Teen demographics. depiction, unlawful, penalty, affirmative 1, 2018. Available at: https://www.wpxi. Available at: http://actforyouth.net/ defense, forfeiture of property, RRS Neb com/news/top-stories/5-local-high- adolescence/demographics. Accessed x28-813.01 school-students-charged-in-sexting- September 3, 2018 case/692876738. Accessed September 57. Electronic transmission of certain 70. Influence Central. Kids & tech – the 24, 2018 visual material depicting minor, Texas evolution of today’s digital natives. 2016. x Penal Code 43.261(e) 64. Shropshire T. High school teen faces Available at: http://influence-central. 58. Nelson T. Minnesota prosecutor 10 years in prison for sexting female com/kids-tech-the-evolution-of-todays- charges sexting teenage girl with child classmate. Michigan Chronicle. digital-natives/. Accessed September pornography. 2018. Available at: https:// February 28, 2017. Available at: https:// 20, 2018

Downloaded from www.aappublications.org/news by guest on September 28, 2021 PEDIATRICS Volume 143, number 5, May 2019 9 Teenagers, Sexting, and the Law Victor C. Strasburger, Harry Zimmerman, Jeff R. Temple and Sheri Madigan Pediatrics 2019;143; DOI: 10.1542/peds.2018-3183 originally published online April 15, 2019;

Updated Information & including high resolution figures, can be found at: Services http://pediatrics.aappublications.org/content/143/5/e20183183 References This article cites 38 articles, 5 of which you can access for free at: http://pediatrics.aappublications.org/content/143/5/e20183183#BIBL Subspecialty Collections This article, along with others on similar topics, appears in the following collection(s): Adolescent Health/Medicine http://www.aappublications.org/cgi/collection/adolescent_health:me dicine_sub Media http://www.aappublications.org/cgi/collection/media_sub Social Media http://www.aappublications.org/cgi/collection/social_media_sub Permissions & Licensing Information about reproducing this article in parts (figures, tables) or in its entirety can be found online at: http://www.aappublications.org/site/misc/Permissions.xhtml Reprints Information about ordering reprints can be found online: http://www.aappublications.org/site/misc/reprints.xhtml

Downloaded from www.aappublications.org/news by guest on September 28, 2021 Teenagers, Sexting, and the Law Victor C. Strasburger, Harry Zimmerman, Jeff R. Temple and Sheri Madigan Pediatrics 2019;143; DOI: 10.1542/peds.2018-3183 originally published online April 15, 2019;

The online version of this article, along with updated information and services, is located on the World Wide Web at: http://pediatrics.aappublications.org/content/143/5/e20183183

Pediatrics is the official journal of the American Academy of Pediatrics. A monthly publication, it has been published continuously since 1948. Pediatrics is owned, published, and trademarked by the American Academy of Pediatrics, 345 Park Avenue, Itasca, Illinois, 60143. Copyright © 2019 by the American Academy of Pediatrics. All rights reserved. Print ISSN: 1073-0397.

Downloaded from www.aappublications.org/news by guest on September 28, 2021