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ERIC Number: EJ1094067
Record Type: Journal
Publication Date: 2016
Pages: 21
Abstractor: As Provided
ISSN: ISSN-1538-8220
Youth Sexting: A Legislative and Constitutional Analysis
Spooner, Kallee; Vaughn, Michael
Journal of School Violence, v15 n2 p213-233 2016
One central controversy with youth sexting is that adolescents may be prosecuted under child pornography and obscenity statutes that were originally created to protect children from sexual exploitation perpetrated by adults and do not adequately address consensual teen behavior. Due to this concern, many states have implemented laws specifically pertaining to youth sexting. This article examines the prevalence of youth sexting and criminal justice responses to this conduct. Youth sexting statutes in 23 states that currently have such legislation and laws regulating child pornography in all 50 states are analyzed. Results from a 50-state survey of legislation indicated a wide range of punishment options. This article also explores constitutional challenges to sexting statutes and prosecutions under obscenity or child pornography charges. The conclusion evaluates the implementation of sexting laws, recommends viable alternatives to criminal prosecution, and provides suggestions for future research.
Routledge. Available from: Taylor & Francis, Ltd. 325 Chestnut Street Suite 800, Philadelphia, PA 19106. Tel: 800-354-1420; Fax: 215-625-2940; Web site:
Publication Type: Journal Articles; Reports - Evaluative
Education Level: N/A
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A
Identifiers - Location: California; New Jersey
Identifiers - Laws, Policies, & Programs: Bethel School District 403 v Fraser; Davis v Monroe County Board of Education; First Amendment; Fourteenth Amendment; Fourth Amendment; New Jersey v TLO
Grant or Contract Numbers: N/A