Juvenile Justice System: Teen Sexting Criminalized

 
Teen sexting is being criminalized.
 
Or at least that is one interpretation of new "sexting" laws being considered in state legislatures. The other interpretation? States are simply trying to prevent teens who use cell phones to send "provocative" images of themselves from ending up in prison and on the sex offender registry. 
 
At issue is that in most states, teen sexting is not legally different from producing, distributing, or possessing child pornography. Incredibly, some zealous prosecutors choose to charge teens and tweens with these crimes.
 
If convicted, teens face the possibility of prison and having to add their names to the sex offender registry. These are high prices to pay for "the digital version of 'I'll show you mine if you show me yours.'"

 
Lawmakers are right to be concerned about effects of prosecuting minors for child pronography. One in six teens receive sext-messages or nude images of people they know. Without laws to distinguish between juvenile sexting, much of our youth face the danger of becoming ostracized criminals for what is relatively normal human behavior.
 
So far 16 states have enacted laws that differentiate between child porn and juvenile sexting. This month, South Dakota and New Jersey are now also considering bills that define sexting and limit punishments for juvenile sexting.
 
I think we can all agree that limiting punishment (from prison and becoming a registered sex offender to education and community service) is a good thing. But lawmakers are missing important inquiries.
 
By distinguishing juvenile sexting as a separate crime, are we still criminalizing something that should not be criminal? And, considering the complex social hierarchy of teenagers, and developmental inclination towards risky behavior, who should be punished?
 
 
 

Sonya Ziaja, J.D. is the co-owner of Ziaja Consulting LLC, a California based consulting group. Her interest in youth advocacy stems from her work on law and technology developed as a Graduate Research Fellow at the University of California, Hastings College of the Law. She writes regularly for blogs at LegalMatch and Ziaja Consulting.
 
 
Photo at top: Sean Dreilinger.