Sexting Legislation in the United States and Abroad: A Call for Uniformity
Date
2017
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International Journal of Cyber Criminology
Abstract
In this study, we analyzed the sexting laws of 50 states in the United States (U.S.) and the District
of Columbia, as well as five English-speaking international countries (Australia, Canada, England,
New Zealand, and South Africa). We also examined laws related to aggravated circumstances, such
as in cases of revenge porn. Our analyses revealed considerable variation, both in U.S. and
international law, with some jurisdictions relying on archaic child pornography statutes to prosecute
teenage sexting cases and others, developing new, extensive legislation that addresses various types of
online interactions (e.g., sexting, revenge porn, and cyber bullying). Additionally, in jurisdictions
where specific teenage sexting legislation has not been adopted, there is often a disconnect between
these child pornography statutes, laws related to age of sexual consent, and typical teenage sexting
behavior. This incongruity creates an abstruse landscape for teenagers to determine the legality of their
sexting behaviors. Using the psychological research on the topic of sexting as a basis for our discussion,
we highlight the state-level and national legislation that attempts to address these issues
comprehensively. Moreover, we make legislative recommendations and advocate for more uniformity
across jurisdictions and lesser penalties in teenage sexting cases.
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Keywords
sexting laws, International Resources
Citation
O'Connor, K., Drouin, M., Yergens, N., & Newsham, G. (2017). Sexting Legislation in the United States and Abroad: A Call for Uniformity. International Journal of Cyber Criminology, 11(2), 218-245.