* Shannon Hayden
Legislatures and courts alike have had trouble keeping up with the ever-evolving technological advances in today’s modern world. Vivek Wadhwa, Laws and Ethics Can’t Keep Pace with Technology, MIT Tech. Rev. (Apr. 15, 2014), https://www.technologyreview.com/s/526401/laws-and-ethics-cant-keep-pace-with-technology/. Technology is developing more rapidly than before, causing gaps between the times that new technology emerges and when laws are actually made to address these changes. Wadhwa, supra.
In Maryland, this delay in the development of the law has led to an issue that courts around the country are also facing: whether minors, who consensually “sext” other minors by sending photos and videos depicting sexual conduct, are involved in distributing child pornography in violation of state law. See In re S.K., 186 A.3d 181 (Md. Ct. Spec. App. 2018); see also State v. Gray, 402 P.3d 254 (2017) (upholding the child pornography conviction of a seventeen-year-old boy who sent unsolicited images of his genitals to an adult woman); Teresa Nelson, Minnesota Prosecutor Charges Sexting Teenage Girl with Child Pornography, Am. Civil Liberties Union (Jan. 5, 2018, 11:45 PM), https://www.aclu.org/blog/juvenile-justice/minnesota-prosecutor-charges-sexting-teenage-girl-child-pornography. The Maryland Court of Appeals will decide on this issue next year when it hears arguments in the case of In re S.K. (more…)