By Mark Theoharis. Since cell phones first saw widespread adoption in the s, they've become not just ever present, but have developed vastly expanded capabilities, such as the ability to take and instantly share photos. Some states have adopted laws that prescribe penalties aimed specifically at teenagers or adolescents who send such photos. These laws make the penalties for teen sexting less severe than if an adult would send similar photos to an under-age person. To get state specific details regarding sexting, jump ahead to teen sexting laws by state.
New Area of the Law
Investigation and Possible Consequences
Updated August Washington passes new teen sexting law. On April 24, , Gov. We have published a new article with additional information about the new law. Skip to main content. EG that a minor can be charged with distribution of child pornography for taking and sending a picture of their intimate areas to another person. The court ruled that the statutory language allowed the charges, and deferred to the way the Legislature has written the law. Unfortunately, this means that, unless the Legislature amends the statute, any minor involved in sexting continues to be at risk of felony charges. However, as the ACLU has explained in a letter to prosecutors in Washington , prosecutors can and should exercise their discretion to avoid treating teen sexting incidents the same as adult exploitation of children. So many people are getting involve in the act. More than one in three young adults between the age of have sexted, and one in four teenagers have done the same.
What Is Child Pornography?
Sexting can happen on any electronic device that allows sharing of media and messages including smartphones, tablets, laptops or mobiles. In the UK the age of consent for sexual intercourse is However, it is an offence to make, distribute, possess or show any indecent images of anyone aged under 18, even if the content was created with the consent of that young person. The law is contained in section 1 Protection of Children Act The police have said that sexting by children will primarily be considered as a safeguarding issue. The police must, by law, record all sexting incidents on their crime system but as of January , they can decide not to take further action against the young person if it is not in the public interest. This will be at the discretion of the police. The government has also produced Departmental Advice on Searching, Screening and Confiscation which states that schools have the power to search pupils for devices, search data on devices and delete any indecent images. For more information, see our page on School powers to search and screen pupils.
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