title: Minors and Sexting: Legal Implications.
abstract: Sexting is the sending or forwarding of sexually explicit photographs or videos of the sender or someone known to the sender via cell phone. It has become common practice among young people, as cell phones are being given to adolescents at ever younger ages. Youths often send messages without giving appropriate thought to the content of the images. In studies on the subject, rates of minors who have sent sexual images range from 4 to 25 percent, depending on the age of the youths surveyed, the content of the messages and other factors. Because transferring and viewing sexually explicit material when the subject is a minor can be considered child pornography, there can be serious legal consequences. Several states have enacted legislation to help differentiate between child pornography and sexting by minors. The trend reflected in statutes has been that minors involved in sexting without other exacerbating circumstances should be charged with a less serious offense. There is no clear national consensus on how sexting by minors is adjudicated, and therefore we compared several statutes. Case examples are used to illustrate the range of legal outcomes, from felony charges to no charges. Two sexting episodes that were followed by suicide are described. We also address the role of the forensic mental health professional.
authors.affiliation: Dr. Lorang is in private practice as a child and adolescent psychiatrist, San Diego, CA. Dr. McNeil is Professor of Clinical Psychology, Department of Psychiatry, and Dr. Binder is Professor of Psychiatry, University of California San Francisco, San Francisco, CA. melissalorangmd@gmail.com.
authors.forename: Melissa R
authors.initials: MR
authors.lastname: Lorang
authors.affiliation: Dr. Lorang is in private practice as a child and adolescent psychiatrist, San Diego, CA. Dr. McNeil is Professor of Clinical Psychology, Department of Psychiatry, and Dr. Binder is Professor of Psychiatry, University of California San Francisco, San Francisco, CA.
authors.forename: Dale E
authors.initials: DE
authors.lastname: McNiel
authors.affiliation: Dr. Lorang is in private practice as a child and adolescent psychiatrist, San Diego, CA. Dr. McNeil is Professor of Clinical Psychology, Department of Psychiatry, and Dr. Binder is Professor of Psychiatry, University of California San Francisco, San Francisco, CA.
authors.forename: Renée L
authors.initials: RL
authors.lastname: Binder
mesh_terms: D000293:Adolescent; D002648:Child; D003416:Criminal Law; D004882:Erotica / Q000331:legislation & jurisprudence*; D005260:Female; D006801:Humans; D008297:Male; D012725:Sexual Behavior; D011795:Surveys and Questionnaires; D060145:Text Messaging / Q000331:legislation & jurisprudence*; D014481:United States