CRF Blog

Why Kids Sext

by Bill Hayes

In Why Kids Sext for the Atlantic, Hannah Rosin looks at what kids think about sexting and what parents and authorities should do about it.

As soon as teenagers got cameraphones, they began using them to send nude selfies to one another, without thinking or caring that a naked picture of a minor, unleashed into the world, can set off explosions. And while adults send naked pictures too, of course, the speed with which teens have incorporated the practice into their mating rituals has taken society by surprise. I’d heard about the Louisa County sexting scandal in the news. It seemed like a good case study — the place is traditional but not isolated; it has annual beauty queens and football pageantry on a Friday Night Lights scale, and also many residents who work in Richmond, the state capital. I spent several weeks in and around the county this spring and summer talking to kids, parents, police officers, and lawmakers, trying to understand how officials sort through such a mess of a case. Maybe more important, I wanted to understand how teens themselves think about sexting — why they send naked pictures and what they hope to get in return; how much or how little sexting has to do with actual sex. My hope was to help figure out how parents and communities should respond. Because so often in sexting cases that go public, we adults inadvertently step into the role of Freddy Krueger, making teenage nightmares come true: We focus on all the wrong things; we overreact. Sometimes we create an even bigger disaster.

When I asked the kids from Louisa County High School, which has about 1,450 students, how many people they knew who had sexted, a lot of them answered “everyone.” (Throughout this article, I will use sexting to mean the transmission of provocative selfies you wouldn’t want your mother to see — not words, but pictures.) A few of the 30 or so kids I talked with said 80 percent or 60 percent, and no one said fewer than half. Kids, however, are known to exaggerate. Surveys on sexting have found pretty consistently that among kids in their upper teens, about a third have sexted, making the practice neither “universal” nor “vanishingly rare,” as Elizabeth Englander, a psychology professor at Bridgewater State University, writes, but common enough in a teenager’s life to be familiar. A recent study of seven public high schools in East Texas, for example, found that 28 percent of sophomores and juniors had sent a naked picture of themselves by text or e-mail, and 31 percent had asked someone to send one.

The general public was first forced to contemplate teen sexting in 2009, when a scandal in rural Pennsylvania’s Tunkhannock Area High School, similar to the school in Louisa County, made national news. By that point, the great majority of teens had cellphones — 71 percent, almost the same percentage as adults. The National Campaign to Prevent Teen and Unplanned Pregnancy and CosmoGirl.com had just conducted the first public survey on sexting among teens and young adults, showing that, much to parents’ chagrin, the practice was fairly common. In the Pennsylvania case, the local district attorney threatened to bring child-pornography charges against girls who showed up in the pictures, which was widely considered overkill. It “makes as much sense as charging a kid who brings a squirt gun to school with possession of an unlicensed firearm,” wrote a columnist for the Pittsburgh Post-Gazette. Lawmakers around the country began searching for a better alternative.

“I really don’t like the word sexting,” says Michael Harmony, the commander of the southern-Virginia branch of the Internet Crimes Against Children Task Force, which covers Louisa County. The term he makes his investigators use is self-production, which is law-enforcement-speak for when minors produce pictures of themselves that qualify as child porn. But changing the term doesn’t clarify much. Whether you call it self-production or sexting, it comes in too many forms to pin down. Harmony has dealt with a 13-year-old who posted her naked picture on MeetMe.com and had grown men show up at her house. He’s investigated a 17-year-old boy who blackmailed a girl into sending him naked pictures, and another boy who threatened to send out the naked pictures a girl had given him if she didn’t have sex with him. Lately, though, Harmony’s office has been flooded with cases like the one in Louisa County, generating bins filled with cellphones that his investigators have to go through one by one.

Since 2009, state legislatures have tried to help guide law enforcement by passing laws specifically addressing sexting. At least 20 states have passed such laws, most of which establish a series of relatively light penalties. In Florida, for example, a minor who is guilty of transmitting or distributing a nude photograph or video must pay a fine, complete community service, or attend a class on sexting. A second offense is a misdemeanor and a third is a felony. Where they’ve been passed, the new laws have helpfully taken ordinary teen sexting out of the realm of child pornography and provided prosecutors with a gentler alternative. But they have also created deeper cultural confusion, by codifying into law the idea that any kind of sexting between minors is a crime. For the most part, the laws do not concern themselves with whether a sext was voluntarily shared between two people who had been dating for a year or was sent under pressure: a sext is a sext. So as it stands now, in most states it is perfectly legal for two 16-year-olds to have sex. But if they take pictures, it’s a matter for the police.

Five years after the sexting scandal in Pennsylvania, cases still arise that betray shockingly little clarity about who should count as the perpetrator and who the victim. [more]