Sexting is the sending of nude or semi-nude photos or sexually-explicit messages by text on cell phones. The incidence of this is on the upswing among teens and young adults.
In Scott Michels’ ABC News article "Teen Charged With Sending Nude Pics of Herself,” Ken Oswalt, prosecutor for Licking County, Ohio, observes, “There's a totally false perception among juveniles that there is no risk to this. . . . That picture, once taken and sent, gives anyone who receives it the ability to do anything with it, forever.” Teens don't realize what they are doing until it is out of their control. According to a recent survey, their photos often end up being shared.
Sexting Is a Growing Problem
Sexting is a growing concern around the country, according to Michels. “In Pittsburgh, Pennsylvania, police Detective Mike Overholt told ABC News he encounters similar problems at least once a week.”
Legal Repercussions
Mike Brunker reports for MSNBC that both law officials and school authorities are taking firm stands on sexting, in some cases filing charges to send a strong message to minors who might send nude photos. Across the country, female students who sent nude or seminude photos of themselves to male classmates via cell phone are facing a variety of charges such as manufacturing, disseminating, or possessing child pornography. The male students who received the photos are facing charges of possession.
If found guilty, students may not be incarcerated if they live in a state where there is no mandatory minimum sentence; however, they may be forced to register as sexual offenders for at least 10 years, according to Patrick Artur, a Philadelphia defense attorney. Gigi Stone notes in her ABC World News article “‘Sexting Teens Can Go Too Far” that, in some states, teens are facing seven years and more in prison for forwarding a single photo.
Kids ae Targets of Federal and State Pornography Laws
Artur questions the validity of these charges, viewing them as “clearly overkill.” While federal and state statistics claim several convictions in these types of cases, “this is not the type of defendant that the legislature envisioned.” State and federal child pornography laws hoped to target “‘dirty old men in raincoats.’” Yet, law officials must determine how to deal with naïve teens and their illicit misuse of modern technology.
What Can Parents Do?
Modern technology provides our youth with amazing opportunities for good. On the other hand, that same technology can become a criminal tool if used illegally. The consensus is that teens simply don’t make the connection. Even if they realize that their actions are morally and ethically wrong, they don’t understand that texting nude photos may have legal consequences.
Stone cites nonprofit National Campaign to Prevent Teen and Unplanned Pregnancy director Marisa Nightingale: “It's crucial parents talk to their children about potential consequences [of sexting], because while criminal charges are rare, compromising photos could easily come back to haunt the teens when they go to apply for college or their first job.”
Cell phones have changed the world in many useful ways, facilitating communication between parents and their children as well as providing people with a means to call for help in emergencies. As often happens with new technology, the young have found a way to push the envelope. However, sexting is not just a childish prank. It has serious legal ramifications. Until some solution is devised, teens must be made aware of the consequences.
Brunker, Mike. “‘Sexting’ Surprise: Teens Face Child Porn Charges.” MSNBC 15 Jan, 2009. 17April 2009. <http://www.msnbc.msn.com/id/28679588/>
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