Sexting and the Law
June 6, 2018
Azusa Pacific University
The state I would like to address the issues of sexting in would be California. There are laws that do address this sexting issue. On October 1, 2013 Senate Bill 255, “revenge porn” law was made. Which is “Any person who photographs or records by any means the image of the intimate body part or parts of another identifiable person, under circumstances where the parties agree or understand that the image shall remain private, and the person subsequently distributes the image taken, with the intent to cause serious emotional distress, and the depicted person suffers serious emotional distress, is guilty of disorderly conduct.” Another one would be The Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today (PROTECT) Act of 2003 which makes it illegal to produce, distribute, receive, or possess with intent to distribute any obscene visual depiction of a minor engaged in sexually explicit conduct. Knowing possession of such material without intent to distribute is also a crime under the PROTECT Act. Another bill would be the Assembly Bill 2536 which gives schools the right to expel or suspend students for sending nude or sexually explicit photos and images electronically “with the purpose or effect of humiliating or harassing a pupil.” The law would apply to students who sext in that manner when at school or school sanctioned events or on the way to or from school or school events. The bill addresses "photographs and visual recordings" sent to the targets of the bullying or to other students or school personnel.
Sexting is sending or receiving of sexually suggestive images or messages to peers through a cell phone. If someone has shared a nude photo the first thing they should do would be talk to someone about the situation this could be the mom, dad, or school employees. Their school will have ways of dealing with these sorts of issues and can confiscate mobile phones if they believe they have sexual images in them. Or even share your situation with the police. The difference between revenge porn and sexting is minors are voluntarily taking sexual and sexually provocative images of themselves to share with their partners, friends and acquaintances. This has, in recent years, been called sexting. They do it to attract the attention of potential romantic partners, to satisfy existing partners, to delay sexual relations with existing partners, to show off their bodies, to act out and for entertainment. Most are shared with one person, with the understanding that they are private and not to be shared. But sloppy digital security, revenge and jealousy motives and the desire to be the center of attention result in in privates going public. Sexting can result in significant fines, especially if the teen is convicted of a child pornography charge. Fines can easily exceed to $5,000.
Revenge porn is the disclosure of private sexual photographs ...