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For example, individuals who are dating might send each other nude pictures.
Child pornography laws, originally designed to protect children against adult predators, inadvertently criminalize both consensual and non-consensual sexting where the person in the photo is under 18. One cannot understate the severity of these penalties when applied to the very minors the law was intended to protect from exploitation.
Because the child pornography laws were not intended to address sexting, the legal consequences for teens engaging in sexting are truly bizarre.
Devoted partners sharing an intimate photograph face the same punishment as a bully who maliciously sends a naked picture of an ex to the entire school.
One may have any number of personal objections to sexting, but as long as sexted images are taken voluntarily and shared consenually, it is none of the government’s business.
A couple should be able to intimately share naked pictures of each other if they so choose.
Sexting among adults is unquestionably protected expression under the First Amendment.
For minors, unfortunately, sexting is an entirely different matter.
Sexting is a new twist on the timeless desire of teens and adults to engage in sexual expression.
Sexting involves the practice of creating, sending and/or posting sexually suggestive images or video via mobile phone, email, or over the Internet, and everybody is getting in on the act.