Legalizing Sexting?
Author: DavidJones // Category: Ethics, Politics, Pop Culture, Youth Culture
If you’re not familiar with “sexting,” then you probably need to be–especially if you have a teenager. Sexting refers to the sending of graphic/sexual photos through a cell phone. In the past few years, it has become increasingly popular with teenagers. If you’re still confused, let me break it down anymore: Teenagers (although not just teenagers) are taking nude or semi-nude pictures of themselves and sending them to other teenagers. In other words, underage teens are sending other underage teens nude pictures. It’s scary to think about, but about 20% of teens have admitted to taking part in this.
As you can probably guess the problem goes much deeper than a picture. Teens are able to forward the pics around friends, enemies, acquaintances, and even random strangers.
The government has started taking a stand on this issue. In some states, teens who send or even receive nude pictures of underage teens can be charged with child pornography and labeled as a “sexual predator.”
However, some lawmakers in Vermont are out to change this. Lawmakers are considering a bill that would legalizing sexting between teens who are 13 to 18, as long as the sexting is consensual. In other words, this bill would make it legal for a 13 year old girl to send a naked picture of herself to an 18 year old guy as long as they both were okay with it. Does something seem a little wrong here?
State Sen. Richard Sears, D-Bennington said, “This isn’t an issue of whether it’s a good thing or a bad thing — I think it’s wrong — but the question is, do we want kids to be prosecuted, called sex offenders, etc., etc., for consensual conduct? No.”
Chittenden County State’s Attorney T.J. Donovan said, “They’re doing it. We don’t want to condone it. We need to educate. But there’s no public interest in labeling them as sex offenders for engaging in a perverted, albeit new, form of courtship.”
If I can find them, I will have the email addresses and phone numbers for Sears and Donovan on here tomorrow.
April 14th, 2009 at 5:16 pm
I understand wanting to keep a punishment for sexting, but do we really want to keep these kids from ever getting a public job just because of something stupid they did as a teen? Labeling them as sexual predators puts them in the same boat as child molesters. Do you really feel that teens who send naked pictures of themselves to friends are committing the same crime as a person who rapes a 5 year old?
April 14th, 2009 at 5:39 pm
I think that’s a great point. I think lawmakers are missing a middle ground. It shouldn’t be “sexual predator” who can’t live within X miles of a school vs. legalizing sexting. It seems like they could do something about the issue to keep it illegal without going overboard.
April 14th, 2009 at 10:12 pm
I’m not so sure it should be illegal. Trust me, I believe sexting is wrong, but I am not ready to pass a law against it. It just doesnt make much sense that it would be legal for two consenting teenagers to have sex, yet it is illegal for them to send naked pictures to each other. I feel the discipline should be left up to schools and parents. Many schools already have policies against this anyway. Plus if sending these pictures is illegal, would it be against the law for teens to send sexual text messages to each other?
April 15th, 2009 at 7:07 am
Jeremy, one of the things that makes the issue even more difficult is the statutory rape law in Vermont. It states, “Anyone, regardless of age, commits sexual assault in Vermont when he has sexual intercourse with a person, other than his spouse, under age 16. The penalty for this crime is up to 20 years’ imprisonment.”
Therefore, it IS illegal for teenagers in Vermont to have sex, if even just one person is under 16, even if it is consensual.
April 15th, 2009 at 9:01 am
Kids are gonna do what they want to do. I don’t think making it illegal is going to change anything, and I don’t think its a big enough deal to force long term consequences on kids who do it.
April 15th, 2009 at 11:02 am
Here’s what it ultimately comes down to, just because it is “illegal” does not solve the problem. The problem comes down to morality and parenting.
This falls into the same category as underage drinking and drug use. Teens are doing it, whether it is illegal or not. The root of the problem is the teen’s values, which are extremely influenced by parents.
If I were a parent and I asked my teenage son/daughter, “Why do you not drink/smoke/sext?” and I would rather hear a response like, “Because it goes against the values of my faith and what my parents taught me growing up.” rather than “Cause its illegal.”
April 15th, 2009 at 4:50 pm
Good points have been brought up by all.
David, nice research on the Vermont law. I was unaware of that.
I think what may be a problem is how to handle a situation where the picture gets sent to a person who is over 18. If a person who is over 18 would have that picture, they would clearly be in possession of child porn. Of course, these types of situations are hard to sort out because the pic may be forwarded unsolicited to someone over 18. That person would then be unwillingly accepting child porn. So the question then becomes how do we determine who should be held responsible? The one who sent the pic (of course they may claim they sent it to the wrong number), or the person who has the pic on their phone (they may claim that they receieved it unsolicited and forgot to delete it)
It certainly is an issue that is not just black and white.
April 16th, 2009 at 10:40 am
Jeremy, excellent points. There’s so many gray areas on this issue. We’ve all received calls from the wrong number. If we would happen to receive a picture from the wrong number and it’s a nude picture of a teen, are we automatically guilty of child pornography?
I really feel like this is something that needs to be sorted out. It doesn’t seem right for the government to take the all or nothing approach.
Jeremy #2, you’re right about the parents. Unfortunately, many parents don’t know, don’t care, and don’t want to know.