Recently at the state educational technology conference hosted in part by the Virginia Department of Education, Assistant Attorney General Chip Muir told educators about the implications of teens with cell phones. Specifically, he told us about sexting and the implication for schools.
The National Center for Missing and Exploited Children (2009) defines sexting as “youth writing sexually explicit messages, taking sexually explicit photos of themselves or others in their peer group, and transmitting those photos and/or messages to their peers.” Although this behavior may not be criminal in intent, it can be construed as such under current laws. Importantly, two behaviors that might look like sexting are more likely to be considered criminal activities: (1) when a child sends a sexually explicit photo to an adult and (2) when a child sends sexually explicit photos because they have been coerced or enticed to do so.
Other incidents seem to go beyond sexting:
Based on several sources, this is what we know today.
Sexting currently is an accepted behavior among many teens; however, the negative results of sending nude pictures and/or racy messages via cell phone text messages are becoming more widely known. As students learn more about the repercussions, it is likely only those attracted to risky behavior or pushing boundaries will continue sexting.
The legal consequences of sexting are also a serious concern. Producing, storing, or sharing lewd or explicit pictures of minors is against the law in Virginia—sections 18.2-374.1 and 18.2-374.1:1 of the criminal Code of Virginia are felonies that apply to students merely possessing such images on their cell phones, sharing them with other students via cell phone, or producing them using their cell phones. Two other laws may be invoked, depending on the circumstances: §18.2-152.7:1, if the sexting involves bullying or harassment; §18.2-374.3, if the sexting involves an adult who has solicited images from a child.
Students, parents, and the community need to be educated about sexting. They should be aware of the consequences to a student’s current school standing and future prospects. In many instances, pictures sent specifically to romantic interests or friends actually end up in the hands of adults in the larger community or on the Internet. Once a picture is sent electronically, it is very difficult—if not impossible—to retrieve. Additionally, the legal ramifications of sexting can be severe.
For more information on statistics and information about sexting, check out these sources. Our thanks to the Virginia Department of Education for providing us with this information brief.
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