By Ave Mince-Didier. Sexting is the sending of nude or sexually explicit photos by electronic means, such as a text message. Some states, like New Jersey, have specific legislation that deals with teen sexting. Although the charges were later reduced, and the girl ultimately received counseling and probation, she could have faced years of confinement and mandatory sex offender registration had she been convicted of the more serious charges.
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And while the use of these technologies is not without consequences, most of this behavior is not illegal. Studies show that a significant number of teenagers have taken, sent, or received explicit photos from friends, classmates, or dates. Research also shows that many of those teenagers do not understand the legal consequences of their actions. As an alternative to criminal prosecution for child pornography, in , New Jersey adopted specific legislation to address the practice of sexting among teenagers, providing a diversion in cases where teens are charged with sexting. In cases where the children have demonstrated more culpability — such as older teens taking and sharing explicit photos on public websites without permission — the court may allow those charged to face prosecution for child pornography.
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