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Sexting: the legal risk minors don't expect, and what to do about an image

Laws written to protect minors can, depending on the state, apply to minors themselves. This is the part young people are most often not told.

作者 Ian Massaro

Founder of KidsKnowRights6 分钟阅读

等待法律专业人士审阅

话题:sextingdigital safetystate lawreporting

本文提供的是一般教育信息,不是针对个人的法律意见。KidsKnowRights 不是律师事务所,阅读本文不会建立律师与当事人的关系。法律因州、年龄和具体情况而异,也会随时间变化。如需针对真实情况的建议,请咨询持照律师或法律援助机构。

本页的正文尚未翻译,因此以下内容以英文显示。上方的摘要、标签和安全信息已翻译。

This is a difficult topic to write about honestly, because the two things a young person most needs to know pull in different directions: that sharing sexual images of a minor carries serious legal exposure, including sometimes for the minor depicted, and that a young person being pressured or having images shared without consent is a victim who needs help rather than someone who should stay silent out of fear. Both are true, and leaving out either one leaves someone worse off.

Why the law can reach the minor as well

Federal and state laws prohibiting the production, distribution, and possession of sexual images of minors were written to protect children from exploitation by adults. They are generally drafted in terms of the age of the person depicted, not the age of the person holding or sending the image — which means that, depending on the jurisdiction and the facts, they can reach conduct between minors.

Many states have responded by creating separate, lesser offences or diversion routes for cases involving only minors, precisely to avoid the most severe consequences. But those provisions vary enormously, some states have none, and the consequences in some places can include registration requirements. This is genuinely one of the areas where the answer depends most heavily on where you are.

If an image of you is being shared

重要

A young person whose image is being shared without their consent is the person the underlying laws exist to protect, and fear of getting in trouble should not be what keeps them silent. Practical steps: tell a trusted adult; do not forward the image to anyone, including to show what happened, because forwarding is itself distribution; take screenshots of the surrounding messages and account names rather than of the image; and report to the platform, which is generally required to act on this category of content.

NCMEC operates a service specifically for this — Take It Down — which helps minors get sexual images of themselves removed from participating platforms without the image being uploaded or seen by others. The CyberTipline is the reporting route for exploitation. Our support page lists crisis resources, and a school counsellor can help even though, as our mandatory reporters article explains, they may have to report what they learn.

Pressure is a warning sign, not a relationship problem

Persistent pressure to send images — including from a peer, and including framed as proof of trust — is a recognized pattern rather than an ordinary disagreement. So is threatening to share an image already sent in order to extract more, money, or anything else; that behaviour has a name, sextortion, and it is a crime that is reported and investigated.

An adult who solicits images from a minor is committing a serious offence regardless of how the conversation started or what the minor said. Nothing a young person did earlier in a conversation changes that, and that is worth stating plainly, because the belief that it does is what keeps this hidden.

请记住

  • Laws here generally turn on the age of the person depicted, so depending on the state they can reach conduct between minors.
  • Many states have lesser offences or diversion routes for minor-only cases, but these vary enormously and some states have none.
  • Never forward an image, even to show someone what happened — forwarding is itself distribution.
  • NCMEC's Take It Down helps remove images, and sextortion is a crime — tell a trusted adult rather than paying or complying.

资料来源

本文提供的是一般教育信息,不是针对个人的法律意见。KidsKnowRights 不是律师事务所,阅读本文不会建立律师与当事人的关系。法律因州、年龄和具体情况而异,也会随时间变化。如需针对真实情况的建议,请咨询持照律师或法律援助机构。