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Two-thirds of the cases involved an aggravating circumstance beyond creating and sending the image -- for example, an adult was involved or the teen engaged in non-consensual behavior. Do you have information you want to share with HuffPost? Law enforcement asked the boy's mother for the phone as part of a statutory rape investigation in which the boy was not a suspect, Sean Swain, a sergeant with the Cumberland County Sheriff's Department, told Fox News. But legislatures struggle with drawing the line in morality policing. In Georgia, teen sexting that does not involve distribution -- in other words, just taking a nude selfie -- is a misdemeanor.

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No search warrant appears to have been issued for the boy's phone in the North Carolina case, the Fayetteville Observer reported.

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I declare you Queen of the Selfie (50 Photos)

Marina Medvin, a criminal defense lawyer in Virginia -- which does not carve out exemptions for youth -- sees this as a free speech issue, she said. But Crystal Nosal, a spokeswoman for the Alexandria Police Department in Virginia, said that generally, police are not going to investigate teenagers for having a pictures of themselves on their phones. A handful of states, including Arkansas and Texassay that teenagers who create images of themselves and don't share them can claim that as a defense. Two-thirds of the cases involved an aggravating circumstance beyond creating and sending the image -- for example, an adult was involved or the teen engaged in non-consensual behavior. No search warrant appears to have been issued for the boy's phone in the North Carolina case, the Fayetteville Observer reported.

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