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Sexting: What's Law Got to Do with It?

Jin Ree Lee¹, Kathleen M Darcy²

¹School of Criminal Justice, Michigan State University, 655 Auditorium Road, Baker Hall Rm 138, East Lansing, MI, 48824, USA. leejin26@msu.edu.

Archives of Sexual Behavior

|May 24, 2020

Summary

Consensual sexting among youth is a complex issue. Current Canadian laws, while aiming to protect minors, are misapplied, leading to harsh penalties. Reform is needed for a graduated juvenile approach.

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Area of Science:

Sociology
Criminology
Digital Media Studies

Background:

Sexting, defined as sharing explicit digital content, is prevalent among youth.
While often consensual, it raises concerns about cyberbullying, revenge porn, and child pornography.
Existing legal responses in Canada are fragmented and often overly punitive.

Purpose of the Study:

To analyze the legal framework surrounding youth sexting in Canada.
To critique the implementation of current legislation.
To propose reforms for a more appropriate legal approach.

Main Methods:

Legal analysis of Canadian statutes and case law related to sexting and online harms.
Examination of scholarly perspectives on consensual sexting and youth development.

Keywords:

Child pornography Legal analysis Revenge porn Sexting Youth justice

Related Experiment Videos

Comparative analysis of legal approaches to youth online behavior.

Main Results:

Canadian legislation aims to protect youth but is implemented in a misguided manner.
Current laws result in disproportionately punitive responses for young individuals.
The distinction between adult perpetrators and youth participants in sexting cases is often blurred.

Conclusions:

The protective intent of Canadian youth sexting laws is valid.
The implementation requires significant reform, distinguishing between adult and juvenile involvement.
A graduated juvenile justice scheme is advocated for cases involving only youth participants.