PMID: 30028102Jan 1, 2013Paper

Sexting: 21st-Century Statutory Rape

SMU Law Review : a Publication of Southern Methodist University School of Law
John Kip Cornwell

Abstract

The "cyberworld" in which we live has fundamentally and irrevocably changed the nature of human interaction. For many, electronic mail, texting, and social networking sites have significantly limited traditional face-to-face interaction. While the benefits of technological progress are self-evident, the ease with which people can share personal information virtually has also produced troubling byproducts. The transmission of sexually provocative images between teenagers, known colloquially as "sexting," is one such example. As suicides and other sexting-related tragedies multiply, jurisdictions coast-to-coast are searching frantically for ways to curb the practice. Due to the harshness of existing criminal statutes, legislators have favored the creation of a separate sexting offense to address misconduct. Because these new laws vary greatly in both content and severity of prescribed penalties, some have argued that they are unprincipled. In light of contemporary societal disinterest in prosecuting consensual sexual activity between adolescents, critics also consider them misguided and anachronistic. These allegations suffer from their failure to place anti-sexting initiatives in proper historical context. These laws represent a...Continue Reading

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