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For example, individuals who are dating might send each other nude pictures.Because, however, the pictures involved in sexting are digital, it is easy for recipients to distribute them in ways that the original sender never intended or imagined.Sexting among adults is unquestionably protected expression under the First Amendment.For minors, unfortunately, sexting is an entirely different matter.We expect the case, to be decided sometime this year.For now, these cases are happening around the country, and kids really are being convicted of felonies and registered as sex offenders for taking intimate pictures of themselves. While we don’t have to acquiesce to such behavior, criminal penalties are not the solution.

Further, current law penalizes harassment in underage sexting cases just as harshly as the perpetrator.Devoted partners sharing an intimate photograph face the same punishment as a bully who maliciously sends a naked picture of an ex to the entire school.Both the consenting teen couple and the bully can be convicted of felonies under the law.Sexting involves the practice of creating, sending and/or posting sexually suggestive images or video via mobile phone, email, or over the Internet. More than one in three young adults between the age of 18-24 have sexted, and one in four teenagers have done the same. Despite widespread and oftentimes breathless media coverage of teenage sexting stories, it is hardly confined to the under-30 crowd.The AARP Monthly magazine recently updated , advising tech-competent seniors to try sexting as a way to spice up the over-50 love life--complete with a “Sexting 101” section. Most sexting is, by itself, consensual, and intended to be innocuous.

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