Discussing the Dos and Don'ts of Teenage Sexual Text Messages with Your Adolescent
In the digital age, conversations about online safety have become increasingly important, especially for parents of teenagers. One topic that has gained significant attention is sexting, a practice that involves sending sexually explicit images or messages, often via cellphones.
While it might seem like a private matter, sexting can lead to serious consequences for minors due to child pornography laws. It is crucial for parents to understand the legal landscape and the potential risks associated with sexting.
Understanding the Law
Laws regarding sexting and child pornography for minors vary significantly by U.S. state. They often involve complex interplay of age of consent, "Romeo and Juliet" laws, and child pornography statutes.
For instance, many states set an age of consent for sexual activity, commonly between 16 and 18 years old. Sexual activity involving someone below that age can lead to felony charges even if consensual. In Texas, engaging in sexual activity with someone under 17 can be charged as felony sexual assault or indecency with a child.
States also classify sexually explicit images involving minors (even self-produced by minors in sexting contexts) as child pornography under the law. Possession, creation, or distribution of such images is a felony. In Virginia, possessing or sharing child pornography is a serious felony punishable by up to 20 years imprisonment.
Some states have exceptions that reduce penalties if minors close in age share consensual explicit images. However, these exceptions do not apply to all charges, especially those involving "sexually explicit conduct" beyond mere nudity.
Several states also prohibit knowingly sending or posting sexually explicit images without consent. Georgia, for instance, criminalizes knowingly transmitting nude or sexually explicit electronic images without consent to harass or harm the pictured person.
Key Considerations
- Even self-produced explicit images by minors are typically illegal child pornography under federal and state laws.
- States differ in how they handle consensual teen sexting; some have specific teen sexting laws or reduced penalties.
- Penalties can include felony charges, mandated registration as a sex offender, prison time, fines, or diversion programs.
- "Sexting" laws and child pornography laws often intersect but are not identical; some sexting may be prosecuted under child porn statutes if it involves explicit images.
A Proactive Approach
Given the potential legal and social ramifications, it's essential for parents to have open and honest conversations with their children about online content, digital footprints, and the risks associated with sexting.
Titania Jordan, chief parent officer at Bark, recommends starting conversations about online content with young children, explaining good pictures and bad ones. As children grow older, conversations about their digital footprint become increasingly important. What goes online lives online forever, and it's crucial for children to understand the potential long-term consequences of their actions.
When discussing sexting with your child, it's important to approach the conversation without judgment or accusation. Instead, start a conversation with "Hey, I read this in the paper" or "I saw this online. Did you know this?"
Jordan advises paying attention to behavioral clues similar to those for mental illness, such as a teen hiding their phone, deleting messages right away, being agitated, a drop in grades, truancy, a loss of appetite, loss of interest or change in weight.
If you suspect your child is involved in sexting, parents can take action by reporting the incident to law enforcement, contacting the child's school, and seeking counseling for the child and the family.
Resources
For a detailed breakdown of laws state-by-state, including specific statutes and penalties for sexting and child pornography involving minors, consulting specialized legal resources or state statutes directly is necessary due to frequent updates and nuances.
Commonsense Media has created a handbook for parents on how to deal with teens and sexting, including information on talking to kids about the consequences of sexting and ways to avoid peer pressure. Jordan suggests finding real-life examples online to show kids what has happened to other children regarding sexting.
In addition, the American Academy of Pediatrics suggests collecting cell phones at gatherings of middle and high school children to reduce peer pressure.
By being informed and proactive, parents can help protect their children from the potential dangers associated with sexting.
- Under the law, self-produced explicit images by minors are generally considered illegal child pornography, and possessing, creating, or distributing such images can lead to felony charges.
- In the digital age, it's essential for parents to have open conversations with their children about online content, digital footprints, and the risks associated with sexting, such as potential legal consequences.
- States handle consensual teen sexting differently, with some having specific teen sexting laws or reduced penalties, but parents should be aware that most states classify sexting-related images involving minors as child pornography.
- To take action if they suspect their child is involved in sexting, parents can report the incident to law enforcement, contact the child's school, and seek counseling for the child and the family. Resources for understanding sexting laws and finding strategies for addressing the issue are available from organizations like Commonsense Media and the American Academy of Pediatrics.
