Johnine Clark, P.A. Law Blog

Wednesday, July 8, 2020

The Dangers of Minors and Sexting

Last summer, the Maryland Court of Appeals—the state’s highest court—decided that the state’s child pornography statute applies to a 16-year-old girl who texted a one-minute video of herself to her teenage best friends. In the video, she is seen performing a consensual sex act.

In his opinion, Judge Joseph M. Getty said that the court had to contend with this question: “Can a minor legally engaged in consensual sexual activity be his or her own pornographer through the act of sexting?”

In a 6–1 ruling, the judges decided that the answer was yes, despite considering the “complexities of the sociocultural phenomenon of sexting by minors.”

This is disturbing firstly, because a minor was engaged in this behavior, and secondly because, although she participated consensually, is now a child pornographer at the age of 16.

In re: S.K., 215 A.3d 300 (Md. 2019)


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