While recent polls and high-profile stories raised the decibel of the public conversation about sexting, the scope and depth of the issue is still relatively unknown. Whether sexting represents merely the latest teen fad or a lasting expression of teen sexuality engrained in popular culture remains to be seen. As state legislators work to address the issue, this Note offers a framework for developing a more balanced response appropriate to the injuries at stake and the underlying policy issues implicated by the behavior. While legal precedent and zealous prosecutors may support the use of child pornography statutes in addressing sexting crimes, such a harsh and inflexible response will rarely, if ever, represent a proportionate remedy to the harm at hand.
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