The best current estimate of sexting prevalence comes from a recent large-scale meta-analysis that statistically summarized 39 studies published before 2017 with 110 380 subjects. Definitionīecause studies have varied with how they define sexting, ages of children and teenagers studied, and conditions under which sexting has occurred, prevalence estimates can vary widely. With increased interest in the phenomena associated with new technology (eg, sexting, cyberbullying, Internet addiction, and pornography), new research has provided some answers as to why and how teenagers sext and what the possible penalties (if any) should be, all of which will be reviewed herein. Indeed, 23 states still use child pornography statutes to prosecute teenagers caught engaging in sexting with other teens. Notably, many child pornography laws were written and passed before the advent of the digital technology era, and this has resulted in a patchwork of state laws that vary from noncriminalization of sexting and education to misdemeanor charges or felony indictments that can potentially result in 20-year prison terms and permanent sexual offender status.
Teen sexting behavior has created confusion with respect to potential legal repercussions (ie, the possession and distribution of material that can be considered child pornography). 1 Smartphones are the mechanism through which many teens are sharing explicit images and videos of themselves with other teens. In 2018, 95% of teens owned or had access to a smartphone. With the advent of smartphones, the past decade has witnessed a new manifestation of adolescent sexual behavior known as sexting. 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 primary care.
Separating consensual sexting from nonconsensual sexting and actual child pornography is a critical next step for law enforcement agencies and policy makers to catch up to technology. Teen behavior and digital invention have outpaced the development of new laws, and this has the potential to have dire legal ramifications for teens. US state laws on sexting vary widely, from decriminalization to misdemeanor charges or prosecution for child pornography with harsh sentences. Studies have shown that sexting is associated with incidences of increased sexual behavior.
More than 40 studies have established that teen sexting occurs relatively frequently and is a rising trend, commensurate with the ubiquity of smartphone ownership in teens. The phenomenon of teen sexting emerged as a result of the proliferation of digital technology.
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