The Comment broadly considers the failure of the law to adapt to developments in technology and communication, untangles the different approaches taken by a sample of states, and considers which legal remedy is most appropriate. This discussion primarily focuses on the criminal aspects of: (1) minors who voluntarily create and disseminate nude text messages of themselves; and (2) minors who receive nude photographs of other minors. Part II traces the development of sexting. Part III describes the history and rationale behind prohibiting child pornography. In Part IV, the article examines the application of child pornography laws to sexting cases in five jurisdictions. Finally, Part V reviews the varying approaches to dealing with sexting and concludes that states should amend their child pornography laws to create a misdemeanor offense to prosecute sexting.
Shannon Shafron-Perez, Average Teenager or Sex Offender? Solutions to the Legal Dilemma Caused by Sexting, 26 J. Marshall J. Computer & Info. L. 431 (2009)