Sexting Is a Modern Trend in Communication

Sexting is a modern trend in communication that raises a number of legal and ethical issues. The word itself is a portmanteau of "sex" and "texting," the latter referring to the sending of messages either via a smartphone or online through texting software. The sex element involves a wide variety of activities, but of most concern is the "digital exchange of sexually explicit images between teenagers using text messaging services on camera-equipped cell phones (Eraker, 2000) or on their laptop computers using messaging services and the built-in cameras. Sexting among consenting adults is not considered an issue of importance, but when minors are involved it is a significant issue covering a number of different subjects, including law, education and social work. This paper will begin with a preliminary study of the literature on sexting, and then propose directed research on the subject.

Mitchell, Finkelhor, Jones & Wolak (2011) found in their study that incidents of sexting are relatively low, but still in significant numbers. In their study, 7.1% of respondents aged 10 through 17 said that they had received nude or nearly nude images of others; and 5.9% said that they had received sexually explicit images. Further, 2.5% said that they had appeared in or created nude pictures or videos, and 1% had done appeared in or created sexually explicit content. Other sources put the numbers much higher (Celizic, 2009).

From a social perspective, anecdotal evidence suggests that sexting can be very harmful to some participants. Celizic (2009) relates the story of one teenaged girl who sent nude pictures of herself to her boyfriend. When that relationship ended, he distributed the images to other girls, and those girls began harassing the victim. The victim eventually committed suicide because of the bullying. A search of news reports on the subject reveals that this basic scenario has been repeatedly frequent, with suicide often the ending for the victim.

Brown, Keller and Stern (2009) note that teens spend 6-7 hours per day interacting with different media forms. They often use "the Internet to find sexual health information, and social networking to express sexual identity and desires, and to find and maintain relationships." Sexting is a natural result of this, perhaps as teens are less capable of compartmentalizing. They see online media forms and instant messaging not only as a natural part of life, but as an extension of their identity. If they want to express themselves sexually, for many teens it is only natural to use the Internet or instant messaging as a medium. Most teens are likely unaware of the consequences in the same way that adults, having learned the Internet instead of having been raised from birth with it, are.

From a legal standpoint, sexting has also become a significant issue in the past few years. Wastler (2010) notes that "creating, possessing or disseminating sexually explicit photographs of a minor, even when self-produced, may violate state and federal child pornography statutes." She notes that while child pornography laws were enacted to address other crimes, images from sexting would not be exempt under current legislation. Sexting constitutes a deviation from norms regarding child pornography cases, however, in that the child involved is typically involved willingly in the production of the material, and it is often minors who are in possession of the material and disseminating the material. Moreover, child pornography laws do not in any way address the consequences of bullying related to sexting.

Richards and Calvert (2009) analyze some of the cases that emerged with respect to the application of the law. They note that prosecutors have pursued legal action against the teens who produced the material, and teens who possessed the material, even in situations where all parties were willing participants, and no bullying as such was known to have occurred. The authors cite an article that points out "law enforcement…must find a way to balance the need to eliminate the harms of child pornography and punish the people who create it with the need to protect offending teenagers from unwittingly committing a serious and punishable offense." The implication is that the legal system is ill-equipped to handle such cases, because as Wastler (2010) noted, the relevant laws were not written for sexting but for other crimes.

Siegle (2010) discusses the implications of sexting for educators. He notes that "many young people cannot remember a time before instant messaging…" and that while "schools have made concerted efforts to curb Internet abuse by developing acceptable use policies and installing filtering software, expanded forms of technology…" create the need for new discussion about digital safety. Educators play a role, because sexting is often considered to be something done by teens who do not truly recognize the potential consequences, but they are limited in their ability to address the issue. Parents, who should have greater control over their teens' use of technology, also seem relatively powerless to address the issue in a meaningful, broad-based manner.

The preliminary research search indicates that most of the literature on the subject of sexting relates to the legal elements. Several legal journals have published about the subject, in part because it often relates to state laws. In addition, the responses of both law enforcement and the judicial system have different significantly from one jurisdiction to the next, creating the opportunity for a body of literature about the subject. The legal community appears to have the highest level of motivation to write scholarly material on the subject of sexting. This means that perhaps the best approach to directed research is on the legal issues involved.

The legal environment surrounding texting remains in a state of flux. While federal law is consistent, state laws can vary significantly. Few if any laws used in sexting cases were specifically written with sexting in mind. This raises concerns about the ethics of prosecuting teenagers for something that they have willingly done. The alleged victims in many sexting cases essentially victimized themselves. The recipients of their sexting would also be subject to prosecution, even if they did not distribute the images in question further. The result is that teens engaged in what to them seems like normal interaction could face significant legal action and even be branded as sex offenders. The literature on the subject appears to outline the existing legal framework for dealing with sexting, and sometimes makes suggestions to help resolve the ethical issues and the as-yet-unsettled legal issues surrounding sexting.