Cyberflashing is an emerging crime not yet widely recognized. As new technology provides perpetrators the guise of anonymity, regulators should consider using a broad definition of cyberflashing to encapsulate the increasing number of ways to flash victims with lewd images. This Article discusses the various approaches taken in the United States and internationally to address this newly emerging cybercrime. This Article exposes the shortcomings of these approaches, and provides recommendations for drafting laws in the future to support the best interests of victims and address the social media platforms on which these crimes often occur. This Article recommends four key factors for consideration in drafting future cyberflashing legislation, including: (1) classifying cyberflashing as a criminal offense, (2) removing specific motivation requirements for culpability, (3) encompassing both a larger variety of content depicted with media and kinds of media sent in such acts, and (4) omitting age requirements for both perpetrators and victims.
Author: Sophia M. Vouvalis
Volume 24, Issue 3