Is sexting below 18 illegal?

That raunchy picture of yourself sent to your partner, might help in spicing up your sex life, but if you are a minor, this act could land you in jail. Despite what people believe about this new wave

By: Pavitra Sampath | | Updated: June 20, 2014 3:39 pm

That raunchy picture of yourself sent to your partner, might help in spicing up your sex life, but if you are a minor, this act could land you in jail. Despite what people believe about this new wave of ‘sexting’, there are laws that govern the practice especially when it comes to minors. Also Read - Pornography and poor decision-making: Are they connected?

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According to a study performed in the California based Drexel University, more than 50 percent of the minors surveyed, admitted to have exchanged sexually explicit text messages, with or without photographic images. The alarming fact here is that more minors in the US are now involved in ‘sexting’, which is a new-age term for exchanging sexually explicit text messages. While, the messages may be exchanged in an attempt to attract a person of the opposite sex, the study says that most minors who text are not even aware of the legal ramifications of underage ‘sexting’. Also Read - Plant based milk can affect children : Research

Most states in USA consider minors ‘sexting’ as a form of child pornography, and consider it a prosecutable offense. According to lead researcher David DeMatteo from Drexel University, ‘This is a scary and disturbing combination. Given the harsh legal penalties associated with youth ‘sexting’, and the apparent frequency with which youth are engaging in it, the lack of comprehension regarding such penalties poses a significant problem’. ‘Young people need to be educated about the potential consequences of sexting – legal, social and psychological,’ DeMatteo added. This study was published online in the journal Sexuality Research and Social Policy.

What does the law say?

In most states in the USA ‘sexting is considered a crime if it involves the exchange of explicit pictures, videos or other material of a minor. The person is charged with the following:

Possession of a sexually explicit image of a minor .
Distribution (sending a sexually explicit image of a minor to others).
Promoting (the act of taking the picture of a minor who is engaged in a sexual act, even if the person taking the photo is the object of the photo) or coercing or soliciting (requesting a minor or tricking a minor into sending a sexually explicit image).
A teen who receives a sexually explicit image (even if it was not requested) can be charged with possession and if they send the picture to anyone else they are looking at distribution charges if caught.
If one of the children is 18 (17 in some states) they are adults in the eyes of the law and even though they may be in a relationship with another teen, if that teen is under the age of 18 (17 in some states) there is a much greater risk of strict prosecution.

Apart from this if the minor is caught, he/she will be charged with a felony requiring them to be registered as a sex offender.

In India the law is slightly different. Adv. Prashant Mali, a cyber law and cyber security expert, states in his paper Types of Cyber Crimes & Cyber Law in India that under The IT Act, 2000, the crime of Child Pornography under Section 67-B states that whoever publishes, transmits or causes a person to publish or transmit (in any electronic form) images, videos or other material that depicts children engaging in sexually explicit behavior, seeks, browses, downloads, advertises, exchanges or distributes this kind of material in any electronic from can be charged with possessing child pornography. The law also states that coercing a person to send such images or videos is also a punishable, but bailable offence under which a person can be tried.

So, the next time you decide to send your partner an explicit or enticing picture of your self, it’s best you think about the ramifications rather than the fun you might end up having.

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Published : June 20, 2014 3:18 pm | Updated:June 20, 2014 3:39 pm

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