Sexting: Risky Actions and Overreactions

• NCJ Number: 231563
• Journal: FBI Law Enforcement Bulletin Volume: 79 Issue: 7 Dated: July 2010 Pages: 27-31
• Author(s): Art Bowker, M.A.; Michael Sullivan, J.D.
• Date Published: July 2010
• Length: 5 pages
• Publication Format: Article
• Publication Type: Legislation/Policy Analysis; Issue Overview
• Language: English
• Country: United States of America

Annotation

After examining the features of "sexting" and associated legal issues, this article discusses appropriate responses to it, legislative remedies, and prevention.

Abstract

"Sexting," which has typically involved juveniles, is the term used in referring to the use of cell phones to send and receive naked or nearly nude picture through text messages from someone they know. Law enforcement officers and prosecutors face increased pressure to handle these cases as effectively as possible. These cases are troubling because the actual and potential harms that can result vary from case to case. In order to determine the appropriate response, law enforcement officers must carefully consider the alleged misconduct and determine whether it falls into one of two categories. First, determine whether the image or communication is illegal. Second, determine whether any illegal use of a computer occurred in the communication, such as a youth being involved in viewing, transmitting, or storing inappropriate pictures on school equipment. Consideration must be given to whether any charge brought may result in the youth having to register as a sex offender, which could be a gross overstatement under the circumstances of a given case. Although an adult's involvement in juvenile sexting should always result in strong consideration of charges, cases that involve only youths may call for a different, more fluid approach. Some questions investigators should ask about a given case are posed in the article as a guide for investigators in deciding how to handle a case. In advising prosecutors, the article notes they should use discretion to confront every sexting activity appropriately in accordance with the circumstances and harms involved. As a preventive measure, educators and law enforcement personnel must educate youth about Internet safety and repercussions of inappropriate online behavior. 12 notes