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Bringing the full weight of the criminal justice system down on youth who produce and share these images, however, does little to stop others from actually exploiting minors. Parents are best positioned to handle these difficult situations in a way that is most likely to be effective at getting the message across. Of course, parents certainly have an interest in making sure their children fully understand the risks associated with this kind of behavior (like any relatively common but proscribed adolescent activity).

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The potential long-term risk to those involved (emotional, reputational, legal, etc.) outweighs society’s interest in keeping explicit images out of the hands of predators. In these types of cases both Sameer and I strongly believe that it is best to keep the cops out of it. Most of the time, however, youth are participating in what Wolak and Finkelhor call “experimental” sexting: exchanging images with romantic partners or interests, or producing and distributing them as a way to gain attention. Janis Wolak and David Finkelhor refer to these kinds of incidents involving youth-produced sexual images as “aggravated.” Formal criminal justice involvement may be necessary if: (1) an adult is involved, or (2) youths use images recklessly (e.g., sending them to others) or in an intentionally hurtful way (e.g., posting them online).

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For example, if a teen threatens to distribute sexual images of a romantic partner to a third party without the partner’s permission, or if explicit images are extorted from a minor, the police should investigate. In some cases, yes, it may very well be necessary to get law enforcement involved. This begs the question: is it appropriate to charge (or even threaten to charge) children with creating, possessing, or distributing explicit images of other children? It’s not often that these behaviors come to the attention of the police, and when they do, research shows that most of the time authorities pursue remedies outside of the criminal justice system. But it won’t be so easy to clear the Internet of all of the information about him and this case.įormal law enforcement response to consensual sexting within teen romantic relationships is actually quite rare. If he does all of this, his criminal record will be cleared. During that time he must stay in school and away from drugs and alcohol, cannot possess a cell phone, and is subject to warrantless searches. He was sentenced to a year of probation for two misdemeanor charges of disseminating harmful material to minors (e.g., sending the pics of himself to his girlfriend). Ultimately he accepted a plea deal that kept him out of jail and off the sex offender registry. There was an additional count of sexual exploitation because he possessed a picture of his girlfriend. The young man, for example, was charged with four counts of sexual exploitation of a minor for two explicit images he made and possessed of himself. The case from North Carolina is gaining headlines, not because the couple did something particularly unusual, but because prosecutors did: they charged the youth with possessing naked images of themselves. Technically speaking, though, youth who are under the age of 18 who participate in “sexting” have created and distributed child pornography, a serious crime that could land them in a lot of trouble. Research shows that at least one-third of teens have engaged in this kind of behavior at some point in their lives.

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Two sixteen-year-olds from Fayetteville, North Carolina, did what many teens who are in romantic relationships do: they talk, they text, they hang out.










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