Sexting Balancing the Law, Teens, and Technology
So What is Sexting Anyways? Sexting is the sending of nude or sexually suggestive pictures by electronic means (i.e. cell phone or other electronic devices) to another person.
Sending sexual images of minors (under the age of 18), even of yourself, is against the law. Teens who exchange sexually explicit photos of themselves via cell phone or other electronic device can be and have been charged and adjudicated for Sexual Exploitation of a Child, which requires registration as a sexual offender in Colorado.
The original intent of the Sexual Exploitation of a Child law, which fits the facts of most of these sexting cases, was written to charge adult sexual offenders with the exploitation of a child victim.
But in the brave new world of camera/video cell phones and other amazing technology, some teenagers have started sexting and while most teens know that sexting can have serious negative social and legal consequences, most do not think it is a big deal. But it is!
So what's the big deal? How fast can a picture or text get passed around (going viral) anyways?
6 friends 36 friends of friends
1,296 Friends of Friends of Friends of Friends
7,776 Friends of Friends of Friends of Friends of Friends
Eeeww
Legal Consequences 16 year old girl Possession of Child Pornography (F6) Distribution of Child Pornography (F3) Production of Child Pornography (F3) Possession (F6) Possession (F6)
Phillip Alpert 18 Y/O Senior @ Ocoee HS, FLA
Has a Nude Photo of his Girlfriend of 2+ years
Has an argument with his girlfriend late one night And sends nude photo out of anger to her friends
Consequences Arrested and charged
The Outcome Phillip is now a Registered Sex Offender and his registration information is posted on the internet.
Some of the Consequences for a Sex Offense Adjudication The Juvenile shall submit to any program for psychological or physiological assessment No contact with children three or more years younger than themselves What does it mean to No internet or cell phone use be a Registered Sex Mandatory disclosure to any potential dating partner / Mandatory disclosure to your employer Genetic Marker Testing Offender? In Colorado there are over 37 special Terms and Conditions for registered juvenile sex offenders Registration as a sex offender for a minimum of 2 years to life
Social Consequences
Real Life Stories Jessica Logan A Senior @ Sycamore HS
Nude Photos Boyfriend of 2 months
They Breakup He sends the photo s of Jessica to get back at her
The Consequences Vicious, unrelenting taunts
The Outcome Suicide
So should you keep it or delete it?
How can possibly I say no to my boyfriend?
Here are some ways! I already said no Sorry, my webcam is broken I m camera shy
Differences Between Sexting and Voyeurism Voyeurism involves viewing or taking a picture of another unknowingly Sexting involves an individual taking their own picture and sending it to another person or posting to a website Voyeurism dynamics are more consistent with other forms of sexual offending, while the sender of the sexting may not have these characteristics
Sexting Dynamics to be assessed for the producer (picture taker) Motivation for taking the picture and sending it (e.g. relationship factors) Level of pressure applied to the picture taker to take and send picture Age, and power differences between the parties involved Issues of need for peer acceptance and self-esteem Response to the distribution of the picture (e.g. suicide threats, self-harm, depression, social isolation, etc.)
Sexting Dynamics to be assessed for the distributer History of prior sexual offenses, whether charged or uncharged Use of force, threats, coercion, or illicit substances to obtain the photos History of prior non-sexual offense history Age, and power differences between the parties involved Emotional motivation for distribution (e.g. anger)
Sexting Dynamics to be assessed for the end receiver of the picture What did the receiver do with the picture? (e.g. keep it, show it, send it) History of prior sexual offenses, whether charged or uncharged History of prior non-sexual offense history Disclosure of picture (e.g. authority, peers, parents, etc.)
Recommended System Reponses for Professionals Each jurisdiction is encouraged to establish a protocol for addressing sexting behavior by young people. It is recommended that each jurisdiction establish criteria for classifying sexting behavior based on the belief that most of this behavior is common for teens, is more of an inappropriate boundary issue, and is not indicative of deviancy or sexual offending. http://dcj.state.co.us/odvsom
The Colorado Sex Offender Management Board Educational Paper on Sexting can be found at: http://dcj.state.co.us/odvsom
Recommended System Reponses for Professionals The following factors may be considered in distinguishing between what is being characterized as sexting behavior as compared to a more malicious and potentially offending behavior: History of prior sexual offenses, whether charged or uncharged Use of force, threats, coercion, or illicit substances to obtain the photos History of prior non-sexual offense history Age, and power differences between the parties involved
Resources for Professionals Colorado Department of Public Safety Division of Criminal Justice Office of Domestic Violence & Sex Offender Management 700 Kipling Street, Suite 3000 Denver, CO 80215 (303) 239-4442 website: http://dcj.state.co.us/odvsom ( ) add any local resource or contact information you wish to
OMG, teens R sexting
Resources for Parents
School Safety Resource Center http://safeschools.state.co.us/
NetSmartz - http://www.netsmartz.org/parents
Additional Resources for Parents www.connectsafely.com
Additional Resources for Parents www.connectsafely.com
Additional Resources Safe2Tell - http://safe2tell.org
Victim Resources Each jurisdiction has community-based victim service providers, which may be accessed through COVA or CCASA
http://www.coloradocrimevictims.org/
Impact of and Resources for Bullying Social consequences (e.g. future employment, school attendance, ostracization) Research on cyber-bullying has found that students involved are more likely to: Be unwilling to attend school Receive poor grades Have lower self-esteem Have more health problems
Alternatives to Retaliation/Distributing the Picture Think of the consequences; Talk to someone in authority or a trusted peer; Take a time out; Express your feelings appropriately Consider how you would feel if it was a picture of you. Think before you Act Identify possible solutions Stick with 'I' statements
What to do if you are aware of sexting? Talk to a parent or authority figure Don t encourage or support peer pressure, or the behavior Recognize the negative impact of sexting on the picture taker, and encourage her/him to obtain support and help Add others
What would you do if you were aware a friend was sexting?
Talk to a parent or authority figure: NEVER forward a sexually explicit picture!
For Youth Sexting: Public Supports Education, Not Criminal Charges Overall, 44% of adults in the U.S. believe that sexting is a very serious issue among teens. Most adults (81%) would support state laws requiring schools to educate kids and parents about youth sexting. Most adults do not favor legal consequences for sexting among minors.
Full report: http://www.mottnpch.org/ reports-surveys/youthsexting-public-supportseducation-not-criminalcharges