by F.M

Created on: May 31, 2009   Last Updated: June 01, 2009

Sexting is an emerging trend among teenagers. Recently, two girls from North-East Pennsylvania were threatened with child pornography charges after nude pictures appeared on their classmates cell phones. At the core of the issue are the legal implications of sexting. Pressing criminal charges on distributors of x-rated photos is one solution to the ongoing trend. Should teens face criminal charges for sending x-rated photos on their cell phones? Yes.

Sexting is the mass distribution of x-rated pictures through a cell phone. In most cases, the picture taken is first distributed to the people within the owner's social circle. Problems arise when the picture circulates outside the owner's social circle. Once the picture is in the hands of others, the owner loses the ability to control the distribution of the picture.

There are legal ramifications with sexting particularly in the case of minors. A picture of a nude minor, a person under the age of 18, is considered to be child pornography. The legal charges for the possession and distribution of child pornography are severe.

The cell phone is no different than any social networking website. In both cases, the owner can choose to distribute x-rated pictures. Distributors of x-rated contents face many consequences. Several people have lost their jobs for putting compromising pictures of themselves or of others on social networking websites and from cell phones as illustrated in the case above. But there is a difference between both communication outlets. Social networking websites verify the content that is being published on their websites. Facebook does not allow its users to publish pornographic content let alone child pornography. However, cell phones users are not restricted by their telecommunication providers.

Furthermore, particularly in the case of minors, the minors photographed are not coerced to take pictures. In both cell phones and social networking websites, the owners of those pictures are responsible for the content they share. The distributor of those pictures is at fault and should rightly pay for the consequences even if it is criminal charges. The legal implications arise when the receiver of the content is not a pedophile or does not seek x-rated material. While one would agree that the content should not put the receiver at fault, it inherently does. We can only assume that the recipient is not a pedophile; but what happens if he or she is? What do we do when the content was sent to an unwilling recipient? The criminalization of sexting ensures that there would not be any legal loopholes of this kind.

Teenagers will find other ways to distribute x-rated photos and criminalizing the distribution in one technological outlet will not stop the distribution of these kinds of pictures. Sexting is just a start!

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