Cruel to Be Kind: The Societal Response to Technology and Youth Sexual Expression

Authors

• Kelly Muldavin

First Page

425

Abstract

The sending and receiving of explicit images via cellular phone—popularly referred to as “sexting”—has emerged as a common method of sexual expression in the digital age. Though sexting is a relatively accepted practice among adults, society views sexting among minors as a significant threat to the health and well-being of young people. In an effort to curb the practice, many states have sought to prosecute minors engaged in sexting under existing child pornography laws. Subjecting children to far-reaching social, professional, and psychological harms at the hands of the criminal justice system is justified, proponents argue, because we must protect children from their own lack of judgment. Prosecuting children as child pornographers, however, has proven to be an ineffective and overly punitive remedy for a problem that is but a symptom of wider societal issues. Consequently, a comprehensive effort among parents, policymakers, prosecutors, and other adult stakeholders is needed to develop a remedy that furthers policy goals while protecting the interests of the child.

Recommended Citation

Kelly Muldavin, Cruel to Be Kind: The Societal Response to Technology and Youth Sexual Expression, 23 Lewis & Clark L. Rev. 425 (2019).
Available at: https://lawcommons.lclark.edu/lclr/vol23/iss1/7