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Sexting: Flirting or Child Pornography?
by Victoria Roddel, author of The Ultimate Guide to Internet Safety

 

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There is a growing trend among teens and preteens. It is called sexting. It is appalling to most adults that children would deliberately transmit pictures or videos of themselves or friends in the nude as a joke, on a dare, just for the fun of it, trying to flirt, because it’s cool, or because everyone is doing it through a cell phone, webcam, email or on the internet. No parent wants to know that their child is sexting. Besides the electronic transmission of pornographic content of minors being illegal in the USA (even amongst minors), all content transmitted through the internet has the potential to remain available online indefinitely or forever. Once data (pictures, video, text) is on the internet, available to the general public, the owner, subject or uploader of the data loses control of what happens with the data. Children and teens don’t yet typically have the best judgment skills and can be impulsive. Just like shy children and teens can use the internet to practice social skills without the pressure of face-to-face conversations or bullies can be emboldened by what they believe is online anonymity, all children and teens can believe they have the option to “I’ll show you mine if you show me yours” with the physical distance as a comfort. It is difficult for children to think before they act and to consider the long-term consequences of their actions happening now. It isn’t far fetched that a minor electronically transmitting (sending or receiving) child pornography of themselves or others can be labeled as a sex offender in their adult life because they were just trying to flirt or be part of the crowd. This criminal label can affect college admissions, career options and their lives as adults. Parents need to monitor the online activities of children and enforce limits for online activities including the cell phone, webcam, chatrooms, social networking communities, email, and websites just like everyday activities. Children must know that information posted to, sent to or received from electronic networks has the potential to remain available forever.

In April 2009, Ohio, Pennsylvania and Vermont began considering legislation that would protect children from the stigma of the predator label as adults because they electronically sent or received pornographic images or text of themselves or their underage friends. By April 2011 there were 20 states with active proposed legislation. Children somehow view sexting as a kind of flirting not as an act of indecency as their parents or grandparents typically would. The problem legislators seem to be having with the proposed bills is they don’t want anyone (including minors) to get the idea they are trying to legitimatize indecent behavior even though the crime for children could be a misdemeanor instead of child predator charges that would follow them into their adult lives.

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