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Teen "Sexting" by Alysse ElHage “Fun.” “A sexy present.” “A joke.” These are a few of the ways teenagers describe the sending of sexually explicit images or messages to their peers using their cell phones or other digital devices.1 The act is more commonly known as “sexting,” and it is becoming an increasing concern for parents, educators, law enforcement, and legislators nationwide, including in North Carolina. Sexting among teenagers can involve a number of different scenarios—from middle school girls using their cell phones to take and send topless photos of each other to friends, to a 12th grade boy emailing a sexually explicit image he took of his ex-girlfriend to all his friends after the relationship ends.2 Whatever the circumstance, once teens hit the “send” button, a sexually explicit image or message can end up in places on the Internet they never intended, and in the hands of people they never anticipated, including their peers at school, a college admissions counselor, a future desired employer, or even sexual predators. Far from harmless “fun,” sexting can cause lifelong negative repercussions for minors, and in some cases can lead to criminal charges. That is why the District Attorney’s office in Alamance County, North Carolina, along with a child advocacy group, and the local school system, has launched the “Combat Sexting” initiative, a community-wide education program for middle and high school students and their parents about the dangers of sexting. What is “Sexting? How Many Teens Are Sexting? In fact, about one in five teens have engaged in sexting, according to a recent online survey by Cox Communications in partnership with the NCMEC and John Walsh.7 Similarly, a 2008 survey by the National Campaign to Prevent Teen and Unplanned Pregnancy found that 20 percent of teens had posted nude or semi-nude pictures of themselves online (22 percent of teen girls, and 18 percent of teen boys). Additionally, 39 percent of teens had sent or posted sexually suggestive messages, and 48 percent had received such messages.8 Why Are Teens Sexting? Sexting also seems to be a new teen dating activity. According to the Cox survey, 60 percent of teens that admitted to sexting had sent a sexually explicit photo to a boyfriend or girlfriend, and 21 percent sent it to “someone they had a crush on.”11 Not surprisingly, the Cox survey found that girls (65 percent) are more likely than boys (35 percent) to send sexually explicit photos.12 As a high school-aged girl who participated in a focus group for a 2009 study by the Pew Internet and American Life Project wrote: “Boys usually ask for [the sexually explicit photos]… And I felt like if I didn’t do it, they wouldn’t continue to talk to me.”13 A Symptom A 2007 report by the American Psychological Association (APA) Task Force on the Sexualization of Girls concluded that, “there is no question that girls (and boys) grow up in a cultural milieu saturated with sexualizing messages.”14 The report found that “women more often than men are portrayed in a sexual manner (e.g., dressed in revealing clothing, with bodily postures or facial expressions that imply sexual readiness) and are objectified (e.g., used as a decorative object, or as body parts rather than a whole person).” According to the APA, the sexualization of girls negatively impacts both women and men. For a girl, it influences her sexual development and can lead to a negative body image, depression, and lower self-esteem. At the same time, it effects how both boys and girls view dating, and can lead to increased rates of sexual abuse and harassment of women.15 In addition, the Internet has made it easier for young people to be exposed to pornography online. A 2001 Kaiser Family Foundation study found that 70 percent of 15 to 17 year-olds had inadvertently encountered a pornographic site while surfing the Web.16 Another survey by the U.S. Department of Justice found that 25 percent of 10 to 17 year-olds reported “unwanted exposure to sexual material” online.17 The Dangers of Sexting Losing Control. One of the biggest dangers of sexting, according to Assistant D.A. Larry Brown, Jr., who leads the in-school presentations on sexting, is the lack of control minors have over sexually explicit content once they send it to someone else. What may be intended as a private communication between a girl and her boyfriend can quickly end up on other students’ cell phones or Facebook pages. “Once a teen hits the send button, there is no way to stop it—they have no control over who will ultimately see it, or how they will use it,” Brown warns. “The receiver of that content can then turn around and send the image or message to anyone else they choose.”19 Sexual Abuse. Thompson warns that sexting can be a form of sexual abuse, especially for girls. “Once a girl has been talked into or made that decision herself to send this picture, this is where the abuse starts. The control over a person has begun,” she says, explaining that sexting is similar to other sexual deviant behaviors that occur without a person’s permission, such as secretly watching someone undress. “More than likely, a boy will not keep that picture to himself. He will feel the need to send it to his friends to prove he is the ‘hottest guy around.’ Once it has been sent to other kids, that girl’s world will be destroyed, along with her reputation.” “We have seen this type of abuse lead to teens taking their life,” she adds. “They are too immature to handle the consequences.”20 A Weapon. Sexting can also result in youth becoming victims of bullying and harassment. One tragic example is Jessica Logan, a high school student in Ohio, who committed suicide in 2008, after her boyfriend circulated her nude picture, which she sent to him, to hundreds of other students at several different schools. Jessica was reportedly teased and bullied at school and online as a result. She became depressed and began skipping class. In an attempt to warn others about the dangers of sexting, Jessica spoke to a local television station about her experience, with her face and voice disguised. Two months later, after attending a funeral for a friend who had committed suicide, the 18-year-old took her own life.21 Sexual Predators. Sexting can also make adolescents more vulnerable to online sexual predators. Alarmingly, the National Campaign survey found that 15 percent of teens who admit to sexting said they sent a sexually explicit photo of themselves to someone they only knew online.22 Regardless of whom a teen intends as the recipient of a sexually explicit image, the fact that the images can be easily shared with other people means that they can also end up in the hands of child pornographers. “Sexual predators can get these images off the Internet,” warns Nadolski, “then send them to other people, such as online predators who collect and deal in child pornography.”23 Legal Ramifications According to Thompson, students are often surprised to hear sexting associated with the trafficking of child pornography. “Too many teens think that pornography only involves an X-rated movie, or magazines,” she says.24 Sexting raises a number of complex legal issues for prosecutors because most states do not have specific laws related to sexting between minors. A teen charged with sexting could be prosecuted under child pornography and obscenity laws that were generally crafted for adults, long before technology made sexting an issue. Consider the high profile case in Florida of 18 year-old Phillip Alpert, who emailed nude pictures of his 16-year-old girlfriend to family and friends after an argument. Phillip was charged with a felony and convicted of sending child pornography. He received five years probation and his name was added to Florida’s sex offender registry.25 The Alamance County District Attorney’s office has already prosecuted some teens within the Juvenile Court System for acts related to sexting. Nadolski explains that the filing of charges in each sexting case depends on the circumstances, including the content that was sent, the age of the person in the picture, and the age of the sender and receiver of the image.26 He says the D.A.’s office looks at the “bad actor” in each case, noting that often a teenage couple will take sexually explicit pictures of one another, and then send them to each other. If the couple breaks up, and the boy then sends the pictures to his friends or posts them on the Internet, he has acted in a way that can result in criminal charges. But Nadolski notes that simply trading sexually explicit images between a boyfriend and girlfriend can also result in criminal charges because it could constitute “material harmful to minors,” which is a misdemeanor in North Carolina.27 “To be clear, we do not want to use the criminal justice system to punish young people for making poor choices using communication technology,” Nadolski says. “However, such behavior can have devastating and long term consequences for all involved. As a result, many jurisdictions have felt compelled to use the criminal justice system, and we will as well if appropriate and necessary.”28 But he emphasizes that the “Combat Sexting” initiative is about education, not prosecution. “We don’t use the law as a sword to harm students,” he says. “But we are working hard to educate them about what could happen, if they commit these acts.”29 See sidebar for specific N.C. laws that sexting may violate. The Legislative Response A growing number of states are considering similar measures. In 2010, according to the National Conference of State Legislatures, lawmakers in at least 15 states have introduced bills or resolutions to address sexting.32 North Carolina does not have a specific sexting law, and no legislation has been introduced in the General Assembly to date. However, Nadolski says that the crime of sexting can be prosecuted under the state’s “material harmful to minors” statute, which makes it a Class 1 misdemeanor for anyone to sell, furnish, present or distribute “material that is harmful to minors.” (see sidebar for definition)33 Even so, Nadolski believes that a specific law related to sexting between minors is a good idea for North Carolina. “It would help bring attention to the growing problem of sexting among teens in our state and the dangers,” he says, “and would be right on point to help clarify for prosecutors exactly what crime has been committed, and how it should be handled.”34 Parents Are Key “Most parents today just aren’t as technologically savvy as their kids, and often their teenagers know more about their phones than they do,” Nadolski notes. He says they are working to get cell phone companies involved to help inform parents about the parental control options that are available on cell phones.36 In addition, Thompson says parents should monitor their children’s computer and cell phone use. “You need to be nosy, and get in your kids’ online business. Check their phones,” she advises. “You are their parents—not their friends.”37 Conclusion “We need to teach our kids more than just sexting is illegal or dangerous,” Brown advises, “but more importantly to love yourself, and respect yourself enough not to take nude or seminude pictures of yourself or allow others to do so.”38 Alysse ElHage is associate director of research for the North Carolina Family Policy Council. Endnotes
Copyright © 2010. North Carolina Family Policy Council. All rights reserved.
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