Permanent Picture: Teen Sexting

PERMANENT PICTURE Teen Sexting (And What Parents Should Do About It) What is Sexting? @#&*:):P@* Sending sexually explicit images and/or texts via cell phone and !!! other electronic devices Estimates of youth involved in sexting vary considerably depending on the activities included in the concept of sexting Some surveys and studies define sexting as just appearing in or creating sexually explicit sexual images Others broaden the concept to include appearing in, creating, or receiving sexually suggestive images (not necessarily explicit) In a 2010 University of New Hampshire study on youth sexting (defined as sexually suggestive): of the kids who appeared in or created images: Of the kids who received images (but did not appear in or create them): 1 61% were girls 56% were girls 1 72% were between 16 and 17 years old 1 6% were 10 to 12 years old 55% were between 16 and 17 years old Most created images of themselves, but some were photographed by another person None were younger than 12 9.6% of participants reported appearing in or creating nude or nearly nude images or receiving those images in the past year But what about the emotional The most commonly reported consequences? reasons for sexts were: 21% of respondents who appeared in or created sexting images reported feeling: Very or extremely upset Embarrassed Pranks and Trying to start a relationship Romance as part of an existing relationship jokes 9 Afraid A 2012 study that examined the sexual risks among sexting and adolescents found: Adolescents whose peers 15% of adolescents with cell phone access reported sexting sexted were more likely to sext themselves 54% reported knowing someone who had sent a sext Sexters were more likely to report being sexually active The Consequences Sexting laws are a relatively new phenomena in the law Since 2009, about 19 states have adopted teen sexting laws In 2012 an additional 13 states were considering bills on the issue Parents who pay for a family cell phone plan technically own the phone and permit the child to use it If a juvenile (a person under 18 years old) distributes sexually explicit images of another person-and that person suffers harm in any way-a lawyer could argue that the parent should be held monetarily liable for the child's actions State laws differ significantly Check mobilemediaguard.com/state_main.html for a state-by-state rundown of sexting laws If a state has not specifically addressed sexting, the state will defer to its child pornography laws to address the action-thus, parents and children need to understand the following: $$$. Sent Possession of a sexually explicit image of a minor is a crime Distribution of a sexually explicit image of a minor Taking a picture of a minor who is engaged in a sexual act, even if the person taking the photo is the object of the photo (promoting), is a crime Requesting a minor or tricking a minor into sending a sexually explicit image (coercing or soliciting) is a crime to others is a crime A juvenile who takes a naked picture of themselves and sends it to another juvenile has committed three felony crimes A juvenile who receives a sexually explicit image (even if it was not requested) can be charged with possession Guilty Sent They could be charged with promoting, distributing, and possessing child pornography If convicted, they could face time in jail If they send the picture to anyone else, they face distribution charges If the sexter is 18 (17 in some states) they are If convicted, the conviction will most likely be a felony and require the juvenile to register as a sex offender considered an adult in the eyes of the law And there is a higher risk of strict prosecution Depending on the circumstances, sexting may also be a crime under federal law It's a federal crime to: Cause a minor to take part in sexually explicit conduct in order to visually depict that conduct Promote or solicit sexually explicit material involving a minor 17 Parents who allow this behavior can also be prosecuted Use a computer to ship, transport, receive, distribute, or reproduce for distribution a depiction of a minor actually engaging in sexually explicit conduct, or any material that otherwise constitutes child pornography The Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today (PROTECT) Act of 2003 makes it illegal to produce, distribute, receive, or possess with intent to distribute any obscene visual depiction of a minor engaged in sexually explicit conduct Knowing possession of such material-without intent to distribute-is also a crime under the act Federal prosecution of juveniles for sexting may be unlikely The Federal Juvenile Delinquency Act (FJDA) generally dictates that juveniles should be prosecuted in state-not federal-courts When a juvenile commits a criminal offense, it's typically handled through the juvenile justice system in the following ways: Warning Community service or counseling Fine Judges can punish a teen who commits a sexting offense with a verbal warning without any other penalty At least one state, Florida, imposes a fine of $60 on first-time juvenile sexting A judge may order a juvenile to perform community service offenders Subsequent offenders may face more significant penalties The court may also order a teen to attend individual or family therapy Probation Detention A teen on probation must typically: A court may order the juvenile into: I Report t 1 Stay in school a probation officer I A detention center I Home confinement 1A group home 1 Another placement location Comply with any other orders the court decides Parents, What Should You Do? Talk with your child about values, expectations, and consequences regarding: Cell phone use Online activities Sex Look into all options offered by your cell phone provider, including: Limited texting Restrictions on Limited Internet sending images access Remember is a balance between independence and monitoring Communicate privacy is a privilege they can earn as they get older Sexting is a serious topic with potentially serious legal consequences. Take the time to discuss appropriate cell phone use with your children. scholars.unh.edu pedriatrics.aappublications.org mobilemediaguard.com criminaldefenselawyer.com paysonroundup.com BROUGHT TO YOU BY: DESIGNED BY: Vound O Intella GHERGICH&Co.