Sexting

Published for NC Criminal Law on February 06, 2009.

The News and Observer has had several interesting criminal justice articles over the past few days -- including one about the great potted plant caper, available here: http://www.newsobserver.com/2932/story/1394388.html -- but the one that struck me the most was this one, about "sexting": http://www.newsobserver.com/1595/story/1393616.html. Apparently, posting naked pictures of oneself on Myspace is soooooooo 2008.  Kids who are really up-to-date simply snap pornographic pictures of themselves using their cell phones' cameras, and then send the pictures out via text message, hence, "sexting."  (Former Detroit mayor Kwame Kilpatrick would be proud.)  According to the article, sometimes "sexting" is meant to be flirtatious, and sometimes it is meant to harrass, but either way it is getting increasing attention from the police.  One boy in Indiana has been charged with distributing obscenity for sending a photograph of his gentials to several female classmates, and another boy has been charged with a child pornography offense based on similar conduct.  In Pennsylvania, three girls who sent racy pictures of themselves, and four boys who received them, were charged with child pornography offenses, though most have pled guilty to lesser charges.  As you might imagine, there is a heated debate about whether criminal prosecutions are an appropriate response to "sexting," with some arguing that a strong message needs to be sent to children, and others arguing that this type of conduct is best addressed by the kids, their parents, and perhaps their schools.   I am sure that if kids in Indiana and Pennsylvania are doing this, then kids in North [...]