The main problem with these sexting charges is determining who is guilty and who is not. In some cases, those who snapped the photographs have been charged; in others, it's those who received the images and inadvertently stored them on their mobile devices or e-mail accounts. On the state level, there are far too many variations of the law to whittle down who is responsible for what. For instance, if a father discovered the images his daughter sent, shouldn't he be charged with viewing child pornography and be punished? The consequences for a sexter shift and, like in the case of the porn-collecting 27-year-old MySpace man, they are occasionally irrationally biased against the youngest involver.

Late last year that at least 20 percent of teenagers have sexted or e-mailed naked self-photos. Forty percent said they've viewed them. These acts are clearly perpetrated by young adults without a basic understanding of child pornography laws, and some states, like , are taking this into account as sexting rises in popularity. Lawmakers there have agreed to lessen the sexting penalty for minors to a misdemeanor from a felony.

Child pornography laws were established to protect children. What does it say about the standing validity of a law when its principle is being repurposed to attack those it originally meant to defend?

Until a national consensus can be built around sexting and the prosecution of the "guilty," I believe it should be taken into account that these may just be kids being kids, behaving irresponsibility, fueled by newfound sexual desire, and, as Philip Albert put it, being "stupid."