In newsrooms and law firms around the United States, reporters and lawyers are discussing ‘sexting.’ This is the use of cell phones by teens to send explicit nude or semi-nude pictures, as a modern form of flirting, with the photos often distributed to many more individuals.1 One reported study “projects that more than a quarter of students in middle and high school and even some children as young as the fourth grade may be doing it.”2

Sexting is only one of many offenses that have led to criminal prosecutions of teens as sex offenders. Such offenses, including consensual teenage sex, and sexual violence against children by children highlight the issue as to whether the same laws under which adults are prosecuted should apply to minors.

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