Full FeedSexting can label your teen a sex offender
In case you haven’t heard of it before, “Sexting” is the term used for sending risqué photos of yourself electronically, usually via text message. And apparently it has become all the rage with teens now-a-days. Besides some of the obvious problems associated with this, those teens can also be sent to jail and officially labeled as sex offenders for doing it.
The law is clear
The law is pretty clear. Child pornography is a crime. So take a photo of someone under 18, where he or she is nude, partially nude, or sexually explicit, and if you are the one who either produced, distributed, or possess that photo…guess what? You are breaking the law. Even if you are only 14, and it was a photo you took of yourself to send to that cute guy you met online that you want to go out with. The laws are pretty darn cut and dried and don’t distinguish between “traditional” child porn trafficking and sexting. So, do it and you can be prosecuted on a state or federal felony level, and can even lead to having to be labeled as a sex offender.
Trouble for teens
And some teens have already faced charges. This January in Pennsylvania, 6 teenagers were charged. Three girls for creating child porn, and three boys (who it was sent to) for possessing it. In Texas, an eighth-grader actually spent a night in prison after his coach found a nude picture on his cell phone which had been sent by another student. In Wisconsin, a 17-year-old was charged with child pornography after posting naked pictures of his girlfriend, who is a year younger, on the internet. In Rochester, New York, a boy aged 16 faces seven years in jail for circulating an image of a girlfriend to friends.
A 15-year-old girl in Ohio and a 14-year-old girl in Michigan were charged with felonies for sending along nude images of themselves to classmates. Similar charges have been filed in cases in Alabama, Connecticut, Florida, New Jersey, and Utah. Some may remember back to the case in Florida a few years ago where a teen couple took pictures of themselves nude, and engaged in “unspecified sexual behavior.” The police got involved somehow when one of the kids sent the photo to the other. They were tried in the courts and convicted for both production and distribution of child pornography, and the teenager who had received the image also had the charge of possession. It was taken to an appeals court, and they lost. The convictions stood.
Intent of the law vs. execution of the law
The thing is, these laws are obviously created to protect children, and these same laws are smacking labels like “sex offender” on kids who probably just did something stupid with absolutely no harmful intention. But, where do we draw the line? Because the reality of it is, that once those pictures are out there…they are out there. It’s not like you can really control what is done with them once they leave your phone. So naive little Susie can send them to her big strong boyfriend Johnny…and big strong Johnny decides to show the picture to his friends and forwards it to all the guys on his football team…and they forward it to all of their contacts…who each stick it on their myspace page,,,,etc. ad nauseum. I mean, of course you see where this could go. Until little Susie’s “assets” are all over the internet and she is watching herself superimposed on YouTube videos.
Lots of kids are sexting
So how many kids are sexting? According to research studies (.pdf) where they polled kids…at least 20% say they have “electronically sent, or posted online, nude or semi-nude pictures or video of themselves.” Kind of a scary number. One in five. That is a lot of underage photos floating around out there. CBS legal news analyst Lisa Bloom says about the kids in Pennsylvania that were charged that “This is a serious felony. They could be facing many years in prison,”
But Bloom also added, “What are we going to do, lock up 20 percent of America’s teens?”
Maybe this needs to be rethought
And this mindset may be what is leading to the state of Vermont re-thinking the whole “against the law” thing when it comes to sexting. According to State Sen. Richard Sears, D-Bennington:
“This isn’t an issue of whether it’s a good thing or a bad thing — I think it’s wrong — but the question is, do we want kids to be prosecuted, called sex offenders, etc., etc., for consensual conduct? No.”
As a result, Vermont’s Legislature is considering a bill that, if it does end getting approved, would be the first in the country to grant legal protection to teens who send “sexually explicit photos and videos to one another on their cell phone”.
The bill is getting a lot of support from all kinds of different groups from lawyers, to law enforcement, to womens groups. There are some that wonder though whether it crosses a line. They agree it is one thing for teens to experiment with sexuality, but by doing this, could we be protecting predators who target and exploit kids. Kind of…wouldn’t it be better to just explain the dangers…explain why they shouldn’t and CAN’T do it, and that is it so that kids can’t be targeted and abused?
What do you think? How should it be handled? Is it no big deal, or should they keep the law in place to safeguard kids? If you were the one making the call…what would you rule?
via: burlingtonfreepress
Keep up with the latest gadget goodness! - 
Subscribe to our feed
Macworld 2010
"Apple may not be at Macworld 2010, but Appletell is, bringing you news, photos and videos directly from the show floor and special events. Join us February 10-14 to see what new products 2010 has in store for Macintosh, iPhone, iPod and iPad (yes, iPad) owners."
Palm Pre Information & Updates
Palm just introduced their next-gen smartphone, the Palm Pre, and next-gen operating system, Palm webOS. Gadgetell's got the latest Pre and webOS information and news for you right here.
It is not only ‘child pornography’ that a prosecutors can use to try a case, but also “PANDERING OBSCENTITY INVOLVING A MINOR”.
on April 14, 2009 at 05:25 PM - LINKThat is what my son recieved for the picture he and his girlfriend took via cell phone. Only he didn’t send it to anyone else, he didn’t download it on the computer, in fact, he didn’t share it with ANYONE! So, he pled to ‘attempted’ pandering.
Now, due to the Adam Walsh Act and my son’s ‘offense’, he went from a low-risk offender registering ten years, to a medium risk offender registering for TWENTY-FIVE YEARS!
The parents didn’t press charges, the state did and the state made HER the victim and raped my son with the system!
Cases need to be HEARD by circumstances and parties involved. Most of the time, the teens lie about what happened for fear of what their parents may do to them or think of them.
This insanity needs to stop!
Jacquelyn, I agree with you that the circumstances do need to be heard. I think the whole key to this is that the youth need to be educated about this NOW. Because I’m guessing your son, like the vast majority of teens out there, had no idea whatsoever that what he was doing was against the law; and that he could in fact be prosecuted. Then, the next thing they know, they can be hit with very real charges like this that can affect their future in a very real way. I mean, just about everyone knows about child porn laws, but very few of us would have ever thought something like this would have classified, until you really break down the law and realize…well..yes, I guess it doesn’t differentiate.
This is all going to be a huge mess for lawmakers.
on April 14, 2009 at 05:36 PM - LINKThe law is a hit and miss with sex offenses. I am a firm believer that the registry needs to be restored to its true intent.
on April 14, 2009 at 08:07 PM - LINKI brought this to the attention of Ohio Senators in 2006, 2007 AND 2007! There is a lot wrong and I do not think they even know where to BEGIN to fix all the mistakes.
My son’s girlfriend lied to him, our family and the whole town about her age. Doesn’t make a difference. He was 20 and is considered an ‘adult’ and she was 15 when the photo was taken.
Now, if she went out and killed someone, you better believe the law would be against her and she would be tried as an adult.
I hate to say this, but… why do you all feel that it is appropriate for minors to taking naked pictures of themselves? How can you say that they don’t know it’s wrong? I do not think that every teenager in the world should have a cell phone either. Many many generations of teenagers were fine without one. And if some old man comes across the picture of a naked minor on the internet, downloads it onto his computer, and gets caught how can you say that he is solely to blame and place no blame on the teen who gave it up for public viewing in the first place? I think that being labeled a sex offender is a little harsh, but look at half of the laws in this country that are also harsh? The point is, law is geared towards the many and not the few. It must be that way, there are so many people. And the only way to keep the society functioning is by making everyone follow the same rules with the same punishments.
on April 23, 2009 at 09:00 PM - LINKAStone…
on April 23, 2009 at 09:22 PM - LINKNo one is saying that it is ‘okay’; however, the punishment should fit the crime and being put on the registry for such offenses, certainly, was NOT the intent nor purpose of the registry.
How old were you when you learned about law and legislation? When did you realize that this ‘crime’ could land a person on the registry?
All sex offenses are black and white and there is a vast array for prosecutors to choose from.
Also, you do not KNOW how you would feel if this happened to one of your children. It is devastating, having your child in with wicked and the sick. Then again, who ARE the wicked and the sick?
Everyone believes that anyone who is on the registry is a ‘predator’!
Knowing what I know NOW, the registry is worthless to the public and astronomically costly to U.S. citizens.
Of course, this—like so much else in the hypocritical U.S. society—is relative. Children and teens can be prosecuted and become registered sex offenders. In Spokane, Washington, city fireman Daniel Ross had sexual contact with a 16 year old female on February 10, 2006. The 35 year old fireman photographed the girl naked. Two Spokane Police detectives “investigating” the case, deleted the photos from the fireman’s camera, claiming that they were protecting the girl’s privacy. This had all the appearance of the “good old boys network” working as it always has. Turns out that in 2008 it came to light that the firefighter had sex with a 17 year old.
http://www.spokesmanreview.com/news/newstrack.asp?newstrack=Firefighter sex scandal&contentdesk=City
on May 17, 2009 at 10:43 AM - LINKI am a teen. I do not at all do sexting, I think its dumb and stupid. i do though have alot of friends that do sexting. I heard that it was a cime to I looked it up on the internet. I didnt realize though that it was a fedeal crime. I have many friends that do this and then erase the picutes. They do exsplain to me that they are just curious and want to know what it all looks like. which i totlly understand. i get curious to but ill wait. Being called a sex offender at my age is ridiculus. I think it shouldent matter. i mean it does when its a 17 year old and a 35 year old thats a problem. But a curios 13 year old that doesnt understand the penalty is just outragus. oh i was just curious about this: If a teen dealetes these pictures on there phone does anyone know that they had created this stupid crime? Jacqueln Host Im very sorry about your son what happened to him was ridiculus. And for you astone i need a cell phone for alot of communication i do alot of sports and have alot of friends when i need to reach someone it is easy to pull out my cell. so get with the times.
on May 23, 2009 at 07:12 PM - LINKTo answer your question Audrey, I’m sure there would be a way to find out if such a picture existed on a cell phone.
on May 24, 2009 at 09:34 AM - LINKThe problem is you are guilty if you take a picture, send the picture or even OPEN the picture unknowingly!
The word ‘sexting’ wasn’t even a name when my son was convicted.
Many say he was a man at 20 and should have known better. At 20, parents are still making doctor appointments for them and attending them with them. Now that my son is 23, he is a man and he wouldn’t even think about going out with anyone under 18! This is true even if he wasn’t a sex offender and didn’t know the laws.
Girls have been dating older guys for centuries. Now it is a crime. Our young did not read the Ohio Revised Codes or any law books for this information, the media has brought it to everyones attention.
What my son AND his girlfriend did (it takes two) I most certainly do not agree with. My son was not raised to do such things…..yet….this was a photo that was not meant to be shared or known by anyone else. It was one picture among many pictures taken by her…..and I still question if my son took the picture, or if she did….but there is nothing to be done about it now.
Audrey, just remember not to open up any pictures on your cell phone. It is better to miss out on a picture and later ‘see’ it from someone else than to be convicted of a sex offense.
Continue to do well in school and sports!
I am 16. I have done it. Most of my friends have done it. Most of the world does it. Whats the problem? Its not like they actually touch the girl. I would get less years raping someone than this. This is rediculous. The girls i have talked to about “SEXTING”, they do not care. They knew it was going to happen and they still live there normal lives. Some people can not handle it. So what…..Its better than sex underage. I think the laws should change or Less punishment. My cousins and aunts do this also. This is retarded and should be looked over by parents, government, and States. Bryan
on July 12, 2009 at 03:10 AM - LINKUmm, this whole sexting law is sooo weird.
Kids are VERY curious at this age, not to mention hormones raging and sex drives through the roof. When you’re talking to someone you’re into because of looks or something shallow like that, you usually get on the topic of sex, etc. That can get anyone in the mood. So, once you’re in that mood, you’re acting on impulse and “sext.” I’ve done it sooo many times. I’m not saying it is right - it’s totally not. I’ve never sent or recieved pictures, but I know a lot of people do.
My point is, I don’t think the law should be sooo harsh. How am I supposed to know I can registered as a sex offender for sexting? Which is stupid. If you’re sexting, that means two people are in it, which means you’re not “offending” anyone.
I have a lot of thoughts and think this is VERY stupid.
What are they gonna do next? Wire-tap & keep transcripts of our conversations and charge someone when they participate in phone sex?
on August 8, 2009 at 12:55 AM - LINKThe natural state you’re born in is a felony level crime. I believe nipples are the single greatest threat to this country. Nudity is the most damaging sex crime we have, and it should be punished to the full extent of the law. Throw the book at ‘em!
Seriously though, the law is not hard to fix. I will break it down for you:
If it is not illegal for you to see the nudity in person then the photographic representation should not be illegal either. So, basically, anyone under 18 does not get charged for having a nude pic of a minor. If an 18 year old gets the copy and decides to keep it around for viewing, then charge him. Still a bit absurd to me, especially when it’s just nudity and not sexual contact, but if underage nudity is going to be illegal then that’s just the way it will have to be. But the fact that a 16 year old can have sex with another 16 year old legally yet cannot take a picture of their own freaking body is completely ridiculous. It really makes you wonder how our society has become so irrational.
Things that are associated with crime (taking the picture) and an actual crime (an adult collecting the photos) are NOT THE SAME THING. It is just like our system’s response to drug use. Some drugs are associated with crime, (the majority ARE NOT, when’s the last time you heard of someone sticking up a convenience store to feed his magic mushroom addiction?) like crack is associated with robbery and the black market in general is associated with crime. This does not mean that using the drug should be a crime. Smoking crack does not mean you are a criminal, you become a criminal when you when you start stealing copper wire and sell it to get the crack. I am not condoning the use of dangerous and addictive drugs, I just believe in the right to do what you want without being punished for it if it does not affect anyone else. This applies to everything from seat-belt laws to prostitution.
Now someone please tell me how it is legal for these children to have their property searched by teachers? It is infuriating and a clear violation of the bill of rights. If some coach wants to confiscate a kids cell phone because he is not supposed to have it, fine. But what, PLEASE TELL ME, gives that person a right to go through the pictures on that phone?
And when did nudity become synonymous with pornography?
This article is a great example of why I am ashamed to be an American in this day and age.
on September 23, 2009 at 07:27 PM - LINKThe sad thing about this whole sexting thing for me is that it has changed the relationship I had with my son. I no longer look at him the same. I have no more feelings for him as a ‘child’ who needs me to help him with anything. He is 16, the girl in question is 17. This has been dragging out for a year. I had taken his phone away for the second offense for 6 MONTHS! As soon as he got it back he was at it again with the same girl. The girls parents do not care. They think it’s flirting. What a shame! The whole thing that breaks my heart is that I lost that special relationship I had with my son and no longer feel the way I should at his age. I helped my first son off to college, I won’t be helping the second. He can leave home the day he turns 18. I won’t be getting him a drivers liscence so I guess he will be walking!
on October 6, 2009 at 03:56 AM - LINKI understand the laws seem harsh for the minors but what about when the minor takes pictures of him/herslef and send it to an adult who never asks for it? The adult will be prosecuted for having the pictures, so why shouldn’t the minor be held accountable also. What if the minor is lieing about the situation…like what happend to the teacher who was on Good Morning America Wednedday Oct 21, 2009. Who is going to protect the teacher?
on October 23, 2009 at 11:18 PM - LINKi am 13 , yes 13 and this guy sent me this really icky picture . and my boyfriend wanted to see it because i said how small it was . i sent it but this other girl sent it to her email . now everyone has it ! i’m so scared i will have to register as a sex offender . i have such big dreams that now because of some stupid mistakes . (those things all kids make .) i will most likely never be able to be a children’s docter . i have wanted this since i was 5 . now because of one bad decision , it gone . . . .
on October 28, 2009 at 04:07 PM - LINK@Dot
RE: “I helped my first son off to college, I won’t be helping the second. He can leave home the day he turns 18. I won’t be getting him a drivers liscence so I guess he will be walking! “
That doesn’t sound very nice. Do your sons know about this? What do they think?
on November 2, 2009 at 02:40 PM - LINKI’m writing an argumentative essay on what really constitutes as a sex offender and why the bill needs to be changed. I think at 20, I’ve just passed this sexting ‘fad’ so to speak. I hadn’t heard about all the problems this law has caused teens until I saw a 60 minutes on the issue. I understand how people may ‘feel’ that sexting is wrong and immoral, but that’s not the intent of a law; to cater to how one ‘feels’. Just like abortion and the use of marijuana. The only relevant question that should be addressed is does this person pose a threat to society? And if not, why should they be labeled as such? How am I supposed to know who poses a real threat in my community with all these little misdemeanors clogging up the registry systems?
on November 26, 2009 at 07:06 PM - LINKYou have an excellent start in addressing an argumentative essay and I would be very pleased to read your final draft.
on November 26, 2009 at 11:17 PM - LINKThe questions you posed above should be targeted to our legislators who are putting those like my son in the mix with those who DO pose a risk to re-offend and or ARE a threat to society.
The questions you have asked are just ‘now’ getting much publicity and bringing more awareness to John Q. Public.
My son is a fine example of one who does not pose a threat to society, to children or anyone for that matter. To have him on the registry for TWENTY-FIVE years and registry twice a year for a photo he AND his girlfriend took .... is simply insane!
The registry is NOT an effective tool for anyone as it is today. The registry’s true intent was for the most violent and dangerous offender’s and a tool for law enforcement.
The registry is worthless in protecting anyone’s child, has it saved a child? What child has it saved? More crimes have been committed by those who are not even on the registry or by those who should have never been released back into society.
The registry is worthless today; implementation of the Adam Walsh Act does NOTHING to protect children or society! The registry as implemented today is a waste of resources AND our tax dollars.
Good luck with your essay and I hope you publish it ~ you can even publish it on my website if you wish or somewhere, because I am really interested in reading it and would love to present you piece to legislation with your permission.
Thanks MB
I live in the bible belt and all the prosecutors in this area are lining up to prosecute any and every social crime from every angle they can because:
A) There’s a lot of fundamentalist Christians here.
B) They believe in legislating morality.
C) The prosecutors run for office.
D) Prosecutions of any kind look good.
It’s appalling to think that a child can have a law to protect someone their age used against them. I almost think it’s impossible to put everyone who’s ever seen porn in jail to begin with, even though many people here believe it should be a crime, so why not when they have compelling evidence. Craziness!
on December 15, 2009 at 05:18 PM - LINKNo one wants to think they could be taken advantage by an internet dating scam, and yet hundreds of thousands of people are every single year.
on December 21, 2009 at 02:22 AM - LINKI think it’s really sad that kids are sending these type of messages to each other, but then again I don’t believe it should be a crime unless one is taking advantage of the other or at least have a lesser punishment and forget the sex offender registry. I do believe parents should be getting involved with their kids and making sure they’re not sexting or sending pictures of themselves.
How is putting a kid who barely even knows what he wants to do with the rest of his life into a sex offender registry going to help him at all? It’s insanity. I’m sure that many of these adults making these laws will look back at their teenage years and remember those spin the bottle games or strip poker, and if not then remember what it felt like talking “dirty” to their “first love” even if they did anything or not and I bet they would be surprised to find they did the same thing just not digitally.
Why don’t we focusing on teaching the kids WHY it’s wrong and what can happen. I do believe that if a girl thought twice about taking that naked picture for her boyfriend’s cell phone and realized that it could possibly be sent to everyone in the USA or over the Internet then she would think how crazy it was. I believe if the boys knew how many of the girls thought they were skanks once they did such a thing then they would think twice about it as well.
Educate the kids. Making them criminals doesn’t work in a digital age unless they’re a real sex offender. Leave the real punishment for the creeps who don’t take no for an answer or drug others to get what they want. Stop telling kids to buy condoms and teach them why they shouldn’t be fooling around in the first place. YES scare the hell out of them and tell them that AIDS will kill them and other diseases could make them sterile or make them unavailable to others when they fall in love. Sex is a dangerous thing and so are the things that lead to it. Educate them, don’t prosecute them.
We’ve become a police state in this nation and it’s really sad. Why don’t we start believing in each other again and stop relying on the government to babysit our children and pay for everything for us. Let’s do it right for the next 30 years and I bet people will start thinking with their brains again.
on January 12, 2010 at 12:53 AM - LINKIm 17 and i was 16 when i first heard about sexting. my school had local prosecuters come in and explain what the punishment would be if we were caught with any nude or “sexually explicit” pics. I was freaked when i heard that you could be sent to jail and/or be forced to register as a sex offender for the rest of your life. Laws are made to protect ppl from criminals, rapists, the insanely fu*ked up, not charge KIDS with a federal offence that will ruin their lives. justme was right when he said we need to educate kids, but we need to do more than that, we need to abolish the laws that ruin the lives of people like JacquieHorst’s son. phones have had cameras on them for years and just because some girl commited suicide because her ex-bf sent sum naked pictures of her around the school, are the autorities actually paying attention. now theres probably more to the story than that, but that fact is that if we are prosecuting kids as SEX OFFENDERS just because they send naked pics of eachother to eachother! the law-makers and prosecuters need to get their act together and revise or abolish this “law” that is ruining the lives of innocent people for no good cause.
on January 13, 2010 at 06:08 PM - LINK