Youth Sexting: A Legislative and Constitutional Analysis

Abstract

One central controversy with youth sexting is that adolescents may be prosecuted under child pornography and obscenity statutes that were originally created to protect children from sexual exploitation perpetrated by adults and do not adequately address consensual teen behavior. Due to this concern, many states have implemented laws specifically pertaining to youth sexting. This article examines the prevalence of youth sexting and criminal justice responses to this conduct. Youth sexting statutes in 23 states that currently have such legislation and laws regulating child pornography in all 50 states are analyzed. Results from a 50-state survey of legislation indicated a wide range of punishment options. This article also explores constitutional challenges to sexting statutes and prosecutions under obscenity or child pornography charges. The conclusion evaluates the implementation of sexting laws, recommends viable alternatives to criminal prosecution, and provides suggestions for future research.