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Research ArticleRegular Articles

Minors and Sexting: Legal Implications

Melissa R. Lorang, Dale E. McNiel and Renée L. Binder
Journal of the American Academy of Psychiatry and the Law Online March 2016, 44 (1) 73-81;
Melissa R. Lorang
Dr. Lorang is in private practice as a child and adolescent psychiatrist, San Diego, CA. Dr. McNeil is Professor of Clinical Psychology, Department of Psychiatry, and Dr. Binder is Professor of Psychiatry, University of California San Francisco, San Francisco, CA.
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Dale E. McNiel
Dr. Lorang is in private practice as a child and adolescent psychiatrist, San Diego, CA. Dr. McNeil is Professor of Clinical Psychology, Department of Psychiatry, and Dr. Binder is Professor of Psychiatry, University of California San Francisco, San Francisco, CA.
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Renée L. Binder
Dr. Lorang is in private practice as a child and adolescent psychiatrist, San Diego, CA. Dr. McNeil is Professor of Clinical Psychology, Department of Psychiatry, and Dr. Binder is Professor of Psychiatry, University of California San Francisco, San Francisco, CA.
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    Table 1

    Examples Illustrating Content of Statutes Addressing Sexting and Minors

    StateYear EnactedContent of Statutes
    Arkansas92013Establishes an affirmative defense if the visual depiction was not solicited, was not distributed, and was deleted. Also establishes an affirmative defense if a minor creates a self-image and does not distribute it. Establishes possession of the material by a minor as a Class A misdemeanor punishable by 8 hours of community service if it is the first offense.
    Georgia102013Establishes sexting as a misdemeanor for both minors if they are at least 14 but less than 18 years old, and if the sexually explicit photograph was willingly created and sent or received. This statute applies only if the purpose of distributing the image was not to harass, intimidate, or embarrass the minor depicted or for any commercial purpose.
    West Virginia112013Establishes sexting as a delinquent offense and establishes a diversion program that can be used as a informal resolution in lieu of charges being filed or as a requirement before adjudication. Allows the court discretion as to whether to require sex offender registration.
    Hawaii122012Continues to prohibit creation, transmission, or possession of a sexual image of a minor. Establishes an affirmative defense if efforts were made to destroy a sexual image after it was received.
    New York132012Allows consideration of dismissal of charges if an educational reform program is completed.
    New Jersey142011Creates diversion program for juveniles who are criminally charged with sexting.
    Rhode Island152011Prohibits sexting by minors and provides that any violation of this act is deemed to be a status offense and shall be referred to the family court.
    Texas162011Creates educational programs concerning the prevention and awareness of sexting.
    Arizona172010Establishes sexting as a Class 2 misdemeanor.
    Illinois182010Orders minors involved in sexting to obtain counseling or other supportive services and to perform community service.
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Journal of the American Academy of Psychiatry and the Law Online: 44 (1)
Journal of the American Academy of Psychiatry and the Law Online
Vol. 44, Issue 1
1 Mar 2016
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Minors and Sexting: Legal Implications
Melissa R. Lorang, Dale E. McNiel, Renée L. Binder
Journal of the American Academy of Psychiatry and the Law Online Mar 2016, 44 (1) 73-81;

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Minors and Sexting: Legal Implications
Melissa R. Lorang, Dale E. McNiel, Renée L. Binder
Journal of the American Academy of Psychiatry and the Law Online Mar 2016, 44 (1) 73-81;
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