Teen "Sexting" Is a Problem, But Is It a Crime?

Last week, a local news outlet reported that the 17-year-old quarterback of a Cumberland County high school was benched when school officials learned he was under investigation for allegedly sending “sexually explicit” photos of himself to his 16-year-old girlfriend. According to the report, officers took the teenager’s phone while investigating another incident and discovered photos of himself and his girlfriend on the phone. Now, both the teenager and his girlfriend are facing charges for “sexting” in what appears to have been a consensual exchange of nude photos between two teens in a dating relationship. Judging by the string of harsh comments to this report (which use various derogatory words to describe the charges), many people are outraged that such behavior, while improper, is a crime. Instead, they suggest that the behavior is a discipline issue that should be privately addressed by parents at home. In response to these concerns, this post examines the criminal laws in NC that possibly cover sexting and discusses their application to minors. Sexting, which typically involves sending sexually explicit photos or messages via cell phone, is a recently new phenomenon that emerged with the increased use of cell phone cameras by teens. Despite growing attention to the issue in NC (see Jeff Welty’s 2009 blog post on sexting), lawmakers have not yet enacted a law that specifically addresses teen sexting. As a result, teens who engage in sexting are often charged with violating laws that prohibit child pornography and obscenity, which were designed to punish adult predators [...]