Section III

(xii) Sexting

"Sexting", the term that refers to preteens and teens sharing nude photos of themselves via cell phones, emails or on the Web, is illegal and could land the perpetrator in serious trouble with the law. This could include jail time and could carry the stigma of being a child molester well into adulthood. The practice can also have serious mental effects on young people so preteens, teens and adults must think seriously and consider the possible consequences before they push the send button on whatever device they are using. Taking, sending and receiving nude and/or semi nude pictures of a child is against the law. Whether the intension is innocent or not and even if the perpetrator is a minor the law is not grey; it is black. and white so far as current statutes are concerned. Sexting is considered to be child pornography and is one of the most dangerous communication medium on the web today. The admonition to preteens and teens seem to be going on deaf ears, perhaps because of peer pressure or the need to be popular. Parents are particularly challenged in this specific arena since one misstep on the part of their precious child could put him/her in jail with the added stigma of being branded a child molester even though the perpetrator may be a child. Certain terms such as doing jail time and child molester may seem repetitious. This is intentional and is meant to impress on the reader the seriousness of actions pertaining to Sexting.

Look at the following cases and consider if you would like to be caught up in this dilemma:

• Three teenage girls in a town in Pennsylvania who sent nude photos of themselves via cell phones to three male classmates have all been charged with participating in child pornography. The girls were charged with manufacturing and disseminating child pornography and the boys were charged with possessing it.

• In Wisconsin, a 17 year old boy was charged with child pornography after posting nude pictures of his 16 year old girlfriend on the internet.

The National Campaign to Prevent Teen and Unplanned Pregnancy recently published a study suggesting one in five teens had sent or posted images of themselves in various stages of undress. Another disturbing factor is that 15% of those involved in Sexting have sent nude photos of themselves to people they only met on the Internet. The craze is not relegated to the United States alone. According to Reuters in London, "A growing number of British teenagers are swapping sexually explicit images of themselves on mobile phones leaving them open to bullying and victimization by their peers…"

This phenomenon is so wide spread that teens may be caught up in its web unintentionally. The long range effects on perpetrators and victims, beside the current laws and possible consequences are far reaching and cannot possible be analyzed and evaluated by the immature minds of our preteens and teens. I recently warned my grandson that he must separate himself immediately from anyone involved in Sexting no matter how enticing looking at pictures of a naked girl or boy may be.

Consider the following case and think critically before you push the send button on whatever devise you are using.

• A teen age girl sent nude pictures of herself to her boyfriend with whom she was very much "in love". A few months later they broke up. The boyfriend was angry over the break up and to get back at his former girlfriend, sent the nude pictures all over the Internet. He is currently facing a considerable time in prison for distributing child pornography in addition to being branded a child molester until age 43. We can only imagine the embarrassment and long term effects this will have on the hapless teenage girl whose nude pictures can be archived and disseminated "ad infinitum" (indefinitely).

Sexting is always a bad idea and must be discarded as soon as it comes to mind or as soon as someone makes the suggestion.

This article is not intended as a source of legal advice but only as suggestions, tips and ideas on keeping our children safe in this world in which we live:

Sexting is Illegal: Do not take or send nude or sexually suggestive photos of yourself or anyone else. If you do, you could be charged with producing or distributing child pornography. If you keep them on your phone or computer you could be charged with possession. If they go to someone in another state, it's a federal felony.

Non-legal consequences: Consider the emotional damage that can come from having intimate photos of yourself go to a friend who can become an ex-friend and send it to everyone you know.

Any Medium: Sexting can be done on any media-sharing device or technology - including email and the Web. Teens have been convicted for child porn distribution for emailing sexually explicit photos to each other.

Reasons for Sexting: In some cases, children are responding to pressure in a form of cyber bullying or pressure from a boyfriend or girlfriend (they break up, and sometimes those photos get sent around out of revenge). Sometimes it's impulsive behavior, flirting, or even blackmail. It's always a bad idea.

Parents: Talk with your children about Sexting in a relaxed setting. Ask them what they know about it. Express how you feel in a conversational, non-confrontational way. A two-way dialog can go a long way toward helping your children understand how to minimize legal, social and reputation risks.

Tips forParents:

• If your children have sent any nude pictures of themselves, make sure they stop immediately. Explain that they're at risk of being charged with producing and distributing child pornography. If they have received nude photos, ask if they have sent them to anyone else Try to contain the damage and tell them to delete the images from their phones and/or computers. Also tell them to transmit the message to the friends to whom they have sent the images.
• Continue to engage them in conversation. Stay calm and be supportive. Learn as much as you can and try to determine the origins of the behavior such as if it were impulsive behavior, teen flirting or some form of harassment.
• Consider talking with other teens and parents involved, based on what you've learned.
• Some experts advise that you report the photo to your local police, but consider that, while intending to protect your child, you could incriminate another - and possibly your own child. It is usually good to talk to children and their parents first. If malice or criminal intent is involved, you may want to consult a lawyer, the police, or other experts on the law in your jurisdiction, but be aware of the possibility that child-pornography charges could be filed against anyone involved.

Teens:

• If a Sexting photo arrives on your phone, first, do not send it to anyone else (that could be considered distribution of child pornography). Second: Talk to a parent or trusted adult. Tell them the full story so they know how to support you. And do not become alarmed if that adult decides to talk with the parents of others involved - that could be the best way to keep all of you from getting into serious trouble.
• If the picture is from a friend or someone you know, then someone needs to talk to that friend so he or she knows Sexting is against the law. You're actually doing the friend a big favor because of the serious trouble that can happen if the police get involved.
• If the photos keep coming, you and a parent might have to speak with your friend's parents, school authorities or the police.

These tips and suggestions are not exhaustive and parents should use common sense in dealing with these issues. Seek legal advice if you think your child is culpable and could be charged with being involved in child pornography.