Sunday, July 19, 2009

Sexting - What Happens When....?

I was having a conversation the other day with a detective and a defense attorney and the subject of sexting came up. The defense attorney made an interesting observation; What happens when the person that received a message of an underage girl or boy turns eighteen? If they

SextingImage by gatom0g via Flickr

still have the image in their possession, does it become child porn?

At the SANS conference, the law enforcement folks that spoke or answered questions regarding sexting among teenagers as something their district attorneys were not prosecuting unless an adult was involved.

Apparently this is becoming rampant with cases showing up more frequently all over the country, with the majority of the "sexters" being girls sending pictures to boys.

Hence, the question about what happens when they turn eighteen and become adults if anyone is still possessing the sexted pictures.

Would it be a defense to say that a person received the picture while they were a minor? Or would the possession be determined based upon them still having the picture after they become an adult?

It is going to be interesting and possibly disturbing to see where this goes over the next few years.

Here are some links on the subject of sexting.

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