By Rebecca Pirius , Attorney. Sexting involves the exchange or sending of nude or sexually explicit photos electronically, whether through text messaging, social media, chat boards, or email. Sexting is especially popular among teenagers—many of whom are minors—and can easily be used to cyberbully or harass. States' responses to sexting by minors vary widely. Some states have passed laws that address sexting among teenagers, usually providing penalties that are less harsh than when an adult sexts images of a minor. Other states have yet to pass such laws, and instead, sexting can fall under harsh child pornography or child enticement laws. Arkansas is one of the states that has enacted a law addressing teen sexting. The law offers prosecutors a charging option that doesn't result in a felony record or sex offender registration for minors who sext. Under Arkansas law, a minor commits a misdemeanor offense by intentionally creating, distributing, posting, exchanging, disseminating, or possessing any "sexually explicit digital material," using a computer, wireless communication device, or digital media.
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