PA- Should "sexting" be a criminal act? Part III

See also: Part-I Part-II

7-28-2009 Pennsylvania:

US District Judge James Munley in the Wyoming County, Pennsylvania case did not specifically address the illegality of sexting in general. His decision was based on an individual situation and a set of facts as it pertained to the Pennsylvania child pornography law. What is clear from reading his opinion is that further attempts to prosecute teens under the pornography law where the nude photos are not provocative will probably be futile. The state legislature will have to act to specifically address the issue.

To determine if the taking and sending of non-provocative nude photos of themselves by teens should be a crime, it is necessary to look at the prevalence of and the reasons behind the phenomena. Between September, 2008 and October, 2008, The National Campaign to Prevent Teen and Unplanned Pregnancy conducted an online survey on sexting practices of teens (ages 13-19) and young adults (ages 20-26). Of the teens surveyed, 20% overall have sent nude or semi-nude photos or videos of themselves electronically. Most of these teens, 75% of all those surveyed, recognize that it is a potentially dangerous practice, yet they continue to do it any way. The photos are sent essentially to people they know, like a boyfriend or girlfriend, or to someone they want to "hook-up with". The reasons the respondents gave for sending the photos include "pressure" from others, to be "funny or flirtatious" , "as a joke," or to "feel sexy."

Although more research on the phenomena needs to be done, The National Campaign survey seems to indicate that the actual number of teens, only 20%, engaging in the practice is small.Furthermore, the reasons given for the posting of the nude photos are not those of adults who do so to abuse and exploit children. Yet the fact remains that the trend, if it continues and becomes more widespread, can be potentially dangerous to Pennsylvania teens. Current law does not adequately address the situation, so the question remains, what should the legislature do to meet this potential danger? ..Source.. by Rosanne O'Malley