Sexting, Statutes, and Saved by the Bell: Introducing a Lesser Juvenile Charge with an “Aggravating Factors” Framework
W. Jesse Weins and Todd C. Hiestand, 77 Tenn. L. Rev. 1 (2009)
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Yet, states have begun prosecuting minors for sexting under traditional child pornography offenses, which are the only criminal laws that currently cover such behavior. These laws, however, were written and intended for adults who sexually exploit children, not the children themselves. Some juvenile defendants have challenged their prosecutions on constitutional grounds, and because of the harsh penalties that accompany traditional child pornography offenses, several states have amended their codes to carve out a more lenient niche for sexting behavior. This article examines these two subjects.
