Let the Kids Have Fun

How uptight American society is! Because teenagers are using new technology to spice up their relationships, the courts are already coming down on them, most recently on a 17-year-old Virginia boy who sent his 15-year-old girlfriend nude pictures of himself after she had sent him similar porno snapshots of herself. So far, everything still private.

Or it would have been, had it not been for her mom who discovered her daughter’s nude pictures on her cell phone and had the boyfriend arrested for distributing pornography. The overzealous police investigated and turned the matter over to the prosecutors and next week the boy has to appear in court where he will face several years in prison and a possibly permanent record as a “sex offender.”

Laws concerning child pornography or the use of minors in pornography are supposed to protect young people, not punish them for their private little sexual games. The justice system in America is missing the point when it criminalizes people for harmless and consensual sexting. Studies show that about a quarter of American kids have engaged in sexting. Fortunately, the number of liberal voices in the U.S. such as The Washington Post is on the increase, demanding more progressive legislation concerning sexting based on actual cases.

In Germany, the legal situation is similarly outdated but in practice not very significant. Minors who send pornographic photos of themselves could be held liable for distributing pornography but not for just sending photos of their penises, vaginas and breasts to their friends. It’s only after such photos are made available to “uncontrollable groups of people” that it becomes problematical especially since “child pornography” makes no distinction based on whether the pictures are of one’s own or someone else’s body.

Shoot from Below!

But there appears to be no instance of similar legal action in German courts at present. Hamburg-based attorney Alexandra Braun says she can’t imagine any reasonably intelligent prosecutor ever pursuing such a case. However, since even minors who engage in sexting can be charged with possession of pornography in Germany, Braun advises, “Delete, and delete quickly,” even though she’s sure such cases would never go to trial here.

Yesterday, it was playing doctor, provocative “you show me yours and I’ll show you mine” games and secret touching at the movies. Today, it’s intimate photos and videos sent via smartphones. It’s simply a matter of advanced technology enabling today’s erotic exchanges. As long as it’s all consensual and there’s a modicum of mutual trust there’s no reason to demonize sexting. On the contrary.

Let the kids have their fun. Let them swap porno snapshots with each other in their turbulent first relationships. It’s completely harmless. But just one bit of advice: If you want to feel more secure have all pictures shot from a low angle — everything looks bigger — make sure your face can’t be seen and cover up any identifying body marks like tattoos or moles. Then hardly anything can go wrong even if you first love doesn’t last.