The term sexting only emerged around 15 years ago, but the driving force behind the behavior isn't new. During their teenage years, many children begin experimenting sexually to find their place in the world; it's a fact of life. However, schools continue to treat this behavior as one of the worst crimes imaginable, using it to justify various cell phone and personal electronic bans during the school day.

The Lento Law Firm has been monitoring the national uptick in cell phone bans in small and large school districts alike. If your child is facing disciplinary action related to cellphone use or inappropriate digital behavior at school, our Student Defense Team can help. Call today at 888-535-3686 or fill out our confidential website form to protect your child's rights and academic future.

The Evolution of Sexting

When sexting first appeared in the 2000s, schools were caught completely flatfooted. As technology continued to improve, the speed at which minors could take and receive pictures, share them with peers, and post them online skyrocketed. Children could now make a life-changing decision on their phones, unaware of the permanent nature of social media and the internet.

When platforms like Instagram and Snapchat acquired more market share, the incidence of sexting among teens markedly increased. In 2009, only 4 percent of teens with a cell phone reported sending explicit photos of themselves to others via text. By 2022, that number had increased five-fold.

Generally, schools responded with strict policies, such as automatic suspensions and expulsions, without fully understanding the nuances of this new reality. Many students also suffered at the hands of draconian laws that hadn't kept up with the times, placing their crimes alongside those of child abusers.

Just when some schools finally found their footing, artificial intelligence burst on the scene. Now, students have the ability to create both consensual and nonconsensual sexual images at the click of a button. Sexting will continue, regardless of the policies in place at schools, meaning students engaging in expected, safe teen behavior should not be the ones facing punishment.

Dangerous Behavior, But Expected Behavior

Sexting can have serious consequences—there is no doubt about it. At the same time, it is also part of the complex process of adolescent development. Teenagers are exploring their identities and relationships, and technology has become a central tool in that exploration, especially for LGBTQ+ youth. Labeling all digital sexual expression as deviant or criminal is not the most effective way to guide young people.

Abstinence-only education intended to cut down on the rates of teen pregnancies within American high schools, but these efforts were more or less useless. Schools that are taking similar disciplinary approaches to sexting are inadvertently following the same path, punishing good kids for awkward developmental mishaps instead of actual misbehavior.

The Lento Law Firm Defends Against School Disciplinary Punishments

Sexting has definite real-world risks, and we do not endorse risky behavior that could harm minors. At the same time, schools can't always prevent children from doing what they want. If your student is in trouble for sexting or other online activity, you must act fast to limit the harm these accusations can have on their academic future.

The greatest risks to K-12 students' futures often come from internal school processes, not the criminal justice system. Local criminal defense attorneys frequently lack an understanding of school disciplinary procedures and cannot keep your child out of harm's way. In contrast, our Student Defense Team focuses entirely on keeping good kids out of trouble when they are under investigation by their school.

Call the Lento Law Firm today at 888-535-3686 or contact us through our website to learn how we can protect your child from discipline.