At the same time the level of adoption has been growing, the capacity of these cell phones has also changed dramatically. Many teens now use their phones not just for calling, but also to access the internet and to take and share photos and videos. Texting has become a centerpiece in teen social life, and parents, educators and advocates have grown increasingly concerned about the role of cell phones in the sexual lives of teens and young adults. In particular, over the past year, press coverage and policy discussions have focused on how teens are using or misusing cell phones as part of their sexual interactions and explorations. Both laws and law enforcement practices around sexting are emerging to deal with the issue and they vary significantly from jurisdiction to jurisdiction. Some law enforcement officers and district attorneys have begun prosecuting teens who created and shared such images under laws generally reserved for producers and distributors of child pornography. An incident in Pennsylvania that unfolded earlier this year highlighted the conflict between those committed to strictly enforcing the law and those who believe that such enforcement is a heavy-handed response to social problem best handled outside of the legal system in a way that treats minors as a special case as in other parts of the justice system. The parents of two of the girls countersued the DA with the assistance of the American Civil Liberties Union, who argued that the images did not constitute pornography and that the girls could not be charged as they did not consent to the distribution of the images that pictured them. One notable incident in Florida left year-old Philip Alpert listed as registered sex offender for the next 25 years after he was convicted of sending nude images of his year-old girlfriend to family and friends after an argument. Legislatures in a handful of states are stepping in to consider making laws that downgrade the charges for creating or trading sexually suggestive images of minors by text from felonies to misdemeanors.
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The high school quarterback who was facing four felony charges for sexually exploiting himself and one for having a sexually explicit picture of his girlfriend has agreed to a plea bargain and is now facing a year of probation. North Carolina District Court Judge April Smith earlier this month sentenced the year-old boy to a year of probation, according to Fayobserver. During that time, her order says, the student must stay in school, take a class on making good decisions, complete 30 hours of community service, not use or possess alcohol or illegal drugs, not possess a mobile phone, and must submit to all the warrantless searches the state wants to foist on him. But because he sexted selfies when he was only 16, he was also accused of sexually exploiting another minor — himself. The two had only sent the sexts to each other, which led many to question how in the world the police had found out about it. It turns out that there had been an investigation into an alleged statutory rape involving a year-old girl and other teen boys. Hence, his sexting history came to light. Similar to what his girlfriend had done in July, the boy admitted responsibility to lesser charges in the plea bargain: in his case, to two misdemeanor counts of disseminating harmful material to minors. Translation: he sent sexual selfies to his girlfriend.
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