Playing legislative catch-up in 2010 with a growing, high-tech phenomenon: Evolving statutory approaches for addressing teen sexting
Date
2011
Journal Title
Journal ISSN
Volume Title
Publisher
Pittsburgh Journal of Technology Law and Policy
Abstract
This article analyzes and critiques legislation adopted by states in 2010 to address the burgeoning
phenomenon of teen sexting. Sixteen different states in 2010, stretching from California to New
York, considered bills or resolutions designed to address, in one manner or another, teen sexting.
By early November 2010, sexting bills had been signed into law by the governors of Arizona,
Connecticut, Illinois and Louisiana. To illustrate the differences, as well as the strengths and
weaknesses among the new sexting laws, the article applies each of them to the facts of realistic
sexting scenario. Significantly, this analysis of the laws through the lens of hypothetical fact
pattern reveals that the low-tech, downstream transmission of hard copies of sexual images of
minors – images that were initially transmitted by cell phones by minors – appears to escape the
reach of all of the 2010 sexting laws. The article argues that this gap or loophole in the new laws
should be addressed by amending them. Ultimately, the article demonstrates a distinct lack of
uniformity across the sexting statutes adopted in 2010. For instance, even when it comes to what
would appear to be the most objective element of the offense of sexting – the maximum age of
the possible perpetrator – there is disagreement. Such disparity creates an uneven patchwork of
legislation that fails to give minors proper notice of what sexting activities are permissible.
Description
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Article
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Keywords
sexting, legislation
Citation
Calvert, C., Murrhee, K. C., & Steve, J. M. (2011). Playing legislative catch-up in 2010 with a growing, high-tech phenomenon: Evolving statutory approaches for addressing teen sexting. Pittsburgh Journal of Technology Law and Policy, 11.