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Sexting

Sexting. COM 160. Definition. T he act of sending sexually explicit messages or photographs, primarily between mobile phones . Sexting that involves teenagers sending pictures of themselves to others (minors or adults) is a legal gray area in child pornography. Legality.

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Sexting

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  1. Sexting COM 160

  2. Definition • The act of sending sexually explicit messages or photographs, primarily between mobile phones. • Sexting that involves teenagers sending pictures of themselves to others (minors or adults) is a legal gray area in child pornography.

  3. Legality • Teens who have texted photographs of themselves, or of their friends or partners, could be charged with distribution of child pornography • Those who have received the images could be charged with possession of child pornography • In some case the possession charge has been applied to school administrators who have investigated sexting incidents

  4. Statistical Data • 2008 survey by The National Campaign to Prevent Teen and Unplanned Pregnancy: • 20% of teens (13-19) and 33% of young adults (20-26) had sent nude or semi-nude photographs of themselves electronically. • 39% of teens and 59% of young adults had sent sexually explicit text messages

  5. In the Courts • January 2009: Child pornography charges were brought against six teenagers in Greensburg, Pennsylvania after three girls sent sexually explicit photographs to three male classmates • 2008: Virginia assistant principal charged with possession of child pornography and related crimes after he investigated a rumored sexting incident; showed the image to the principal who instructed him to preserve the photo on his computer as evidence • July 2010: Londonderry High School teacher Melinda Dennehy pled guilty and received a one-year suspended sentence for sending racy photos of herself to a 15-year-old student

  6. Melinda Dennehey

  7. In the Courts • Fort Wayne, Indiana: a boy allegedly sent a photo of his genitals to several female classmates; charged with child pornography • Police investigated an incident at Margaretta High School in Castalia, Ohio, in which a 17-year-old girl allegedly sent nude pictures of herself to her former boyfriend, and the pictures started circulating around the high school after the two got into a fight. Two southwest Ohio teenagers were charged with contributing to the delinquency of a minor, a first-degree misdemeanor, for sending or possessing nude photos on their cell phones of two 15-year-old classmates

  8. In the Courts • March 2009: The ACLU of Pennsylvania filed a lawsuit against Wyoming County District Attorney George Skumanick Jr., for threatening teenage girls who were the subject of allegedly risque photos with prosecution on child pornography charges if they did not submit to a counseling program. • Miller, et al. v. Skumanick: Skumanick his office decided to make an offer of limiting penalties to probation if they attend a sexual harassment program. The girls and their parents won a ruling that blocked the district attorney, who appealed. It is the first appeals court case concerning sexting.

  9. Miller, et al. v. Skumanick

  10. Legislation Connecticut, Rep. Rosa Rebimbas introduced a bill that would lessen the penalty for "sexting" between two consenting minors in 2009: • make it a Class A misdemeanor for children under 18 to send or receive text messages with other minors that include nude or sexual images • currently a felony for children to send such messages • violators could end up on the state's sex offender registry. April 2009: Vermont introduced a bill to legalize the consensual exchange of graphic images between two people 13 to 18 years old: • Passing along such images to others would remain a crime

  11. Legislation In Ohio lawmakers proposed a law that would reduce sexting from a felony to a first degree misdemeanor: • eliminate the possibility of a teenage offender being labeled a sex offender for years. • The proposal was supported by the parents of Jesse Logan, a Cincinnati 18-year-old who committed suicide after the naked picture of herself which she sexted was forwarded to people in her high school. Utah: lawmakers lessened the penalty for sexting for someone younger than 18 to a misdemeanor from a felony.

  12. Legislation New York has introduced a bill that will create an affirmative defense (justification defense): • a minor is charged under child pornography laws if they possesses or disseminates a picture of themself; • or possess or disseminates the image of another minor (within 4 years of their age) with their consent. • The affirmative defense will not be available if the conduct was done without consent. • creates an educational outreach program for teens that promotes awareness about the dangers of sexting

  13. Jessie Logan

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