Etymology: created by the union of the words sex and texting
The sending of pictures and\or text messages of sexually explicit content, mainly via mobile phone, but also through other digital means .
Summary of Socio-Legal aspects
See also: SEXTORTION
The aforementioned conduct might cause a breach of Italian Statutory Law. Specifically, the requirements of the following criminal cases might be satisfied:
Concerning the Active subject of the sexting: Deviant behaviour which may be subject to prosecution by the Juvenile Prosecutor , with the authorisation of the Juvenile Court, accordingly to artt. 25 “Statute Law applicable to children of irregular conduct or character” – R.D.L. n. 1404 del 1934 (Article amended by Law n. 888 del 1956) and/or of a civil litigation ex artt. 330 c.c. “Extinction of parental responsibility” and 333 c.c. “Harmful parental behaviour”.
Concerning the Passive subject of the sexting: judicial decisions have ruled out the crime of possession of pornographic material, if said material is realized directly by the minor and consensually sent to another one, accordingly with art. 600 quater c.p. In order to find criminal responsibility, there must be proof that there has been unwilling exploitation of the child.