Teens have always participated in behaviors that are dangerous. From "mooning" (exposing one's buttocks in public) or "streaking" (running down the street naked) to drinking, cutting classes, or [fill in your own experiences here], these challenges to society's mores are part of the teenage rebellion phase.

However, when "sexting" moves from off-color behavior to harassment, bullying, or a tool for sexual abuse, we have a whole new issue: potential child pornography.

Kids and teens generally are incapable of understanding the long-term consequences of their behavior; nor can they guarantee that whoever receives a "sext" message will use it for its intended purposes. What may have appeared to be a private picture sent from one person to another could end up being distributed to an entire student body!

The real point here is that there are many different layers of "sexting," which can lead to misunderstandings and confusion in every aspect of life: criminal, legal, social, and practical. While I believe that "sexting" should be criminalized only in terms of how and to whom the message was sent, we must realize that it clearly not a black-and-white issue.

If the message was sent as a joke, or if the sender was exploring ‘normal' teen sexuality privately, that's one thing. But if the sender's intent is to be cruel or to harass someone else publicly, that is clearly a different story.

For example, if a 16-year-old girl willingly sends a naked picture of herself to her teenage boyfriend, and the boyfriend doesn't do anything with it, this isn't a criminal act. And, while perhaps indiscreet, it isn't really surprising that the same boyfriend would send it to a friend to boast, "Look what I just got!"

But in fact, depending on the jurisdiction and the prosecutor, this act of sharing could actually be considered a crime, because the sending of the message to a third party could make it child pornography. Would we prosecute this action? It all depends on whether you view it as "innocent kid stuff" or criminally dangerous behavior.

If that same 16-year-old boyfriend forwarded the naked picture of his girlfriend to 100 people, or to just 10 of his closest friends , that expansion of recipients could make the difference between stupid and criminal behavior. Besides the fact that it is mortifying to the girlfriend (and invading her privacy), the boy could be subjected to charges of disseminating child porn, a very serious crime that can include jail time and a lifetime registration as a sex offender.

Now, I am not here to argue that the child should not be punished. Of course there should be consequences. But should that 16-year-old now be a registered sex offender? I say no, at least in most cases.

We can argue whether or not the boyfriend's actions should be considered criminal or merely a boyish prank. I do believe the boy should be punished by being charged with harassment or bullying. But requiring him to be registered on a sex offender list only does one thing: it undermines the sex offender registry.

When you hear the words "child porn," you think of an adult with pictures of a pre-pubescent or barely pubescent child. You don't think of 16-year-olds sending naked pictures of themselves to each other.

I think it's clear that sending a photo to one person versus distributing it widely to a group or over the Internet has different intent. I also think a relationship that has an aura of abuse and includes disseminating the picture may border on being a sex crime. But what this question boils down to is discovering why the picture was sent, how it was used and to whom it was distributed, and the circumstances around its distribution.

While this may initially seem like a clear issue, it presents many legal complications. Despite increasing attention, laws (particularly new ones) can lead to some unwieldy results with unintended consequences.

As a society we want to encourage the healthy sexual development of our teenagers. But there is a difference between kids being kids and kids doing criminal things. And while certain acts and behaviors may legally qualify as crimes, are we really acting in our children's best interest by prosecuting them and subjecting them to the harsh consequences of the criminal justice system?

I think it's important to emphasize to teens that what happens online can live online FOREVER. Getting kids to think seriously about their "cyber reputation" (the fact that everything they send out electronically is kept as a digital record) may help them avoid engaging in the risky behavior of "sexting."

Actually, adults, too, should think about this, as many don't realize the permanency and potential consequences of their online behavior (click here to read my Huffington Post Article dated June 18, 2009).

Of course, preventive communication is also important, and teachers are on the front lines to recognize when kids may be participating in unhealthy online or texting behavior. Parents, too, can help teach their kids the consequences of sending these kinds of messages.

By making "sexting" criminal, we adults may be upping the ante to scare kids away from such behavior, but I think that technology has upped the ante for kids, too. It's made it necessary for them to make mature choices that will protect them from long-term, unanticipated, and unwanted consequences.

Finally, "sexting" shows us that once again, parents, educators, prosecutors, legislatures, and "the system" as a whole are dealing with a continuing challenge-catching up with our kids' activities. Unfortunately, by the time all of us figure out what to do with "sexting," there will me hundreds of new websites and technological advances that will offer us even greater challenges-and questions--to deal with.