Connecticut ’s Sexting & Texting Laws

1. State of Connecticut Division of Criminal Justice South Eastern Regional Action Council • Connecticut’s Sexting& Texting Laws Presented by: Francis J. Carino, Supervisory Assistant State’s Attorney SERAC 9th Annual Prevention Conference May 2019

2. Once upon a time… Telephones looked like this… • They had rotary dials; • They were connected by wires; • The phones were kept in a stationary location, you didn’t carry them around with you; • When the phone rang, you picked up the receiver and talked into one end and listened from the other; • All you could do with the phone was have a conversation with another person;

3. Cameras used film to record images… • Images could only be seen after developing the film, usually at the drug store; • Developing took days and the images might be viewed by the pharmacist; • To share the images, you had to carry around the print; • The images could only be shared by mail or with people actually present; • Images were difficult to manipulate;

4. Then Polaroid cameras were created… • Images appeared in a few minutes; • They didn’t have to be developed at the drug store; • You could prevent others from seeing the images; • To share the images, you still had to carry around the print; • The images could still only be shared by mail or with people actually present and were still difficult to manipulate;

5. There were child pornography cases. • They were predominately commercial operations aimed at an adult population. • Connecticut’s law defined child pornography simply as “any material involving a live performance or photographic or other visual reproduction of a live performance which depicts a minor in a prohibited sexual act.” • The laws were designed to protect children from sexual exploitation by unscrupulous adults.

6. Cameras became digital… • Images appeared instantly; • They didn’t have to be developed at the drug store; • You could prevent others from seeing the images; • Images could be easily manipulated; • With the Internet, images could be shared electronically, with anyone, anywhere in the world; • Once shared, the images could be shared with anyone by anyone;

7. And then there were smart phones… • Phones now take still & video content; • Content appears instantly; • It doesn’t have to be developed; • Content is easily hidden; • Content is easily manipulated; • Phones connect to the Internet, the content can be shared instantly, electronically, with anyone, anywhere in the world; • Once shared, the content can be shared with anyone by anyone;

8. As technology changed, so did the conduct. • What was once an illegal commercial enterprise for adults became a common practice among kids. • As the conduct changed, so did the law. • But the law can’t always protect kids from the dangers associated with the practice of sexting and the use of the Internet. • The ability to transmit digital images instantly to people all around the world also results in the loss of control over the images. • Digital images can be manipulated & accessed by persons the original sender never intended to have access.

9. Now Connecticut law defines child pornographyas: “any visual depiction including any photograph, film, videotape, picture or computer-generated image or picture, whether made or produced by electronic, digital, mechanical or other means, of sexually explicit conduct, where the production of such visual depiction involves the use of a person under sixteen years of age engaging in sexually explicit conduct.” • “Sexually explicit conduct” means actual or simulated (A) sexual intercourse, including genital-genital, oral-genital, anal-genital or oral-anal physical contact, whether between persons of the same or opposite sex, or with an artificial genital, (B) bestiality, (C) masturbation, (D) sadistic or masochistic abuse, or (E) lascivious exhibition of the genitals or pubic area of any person.

10. Penalty for Possessing Child Pornography • *Fewer depictions required if serious physical injury is involved • or if a video involving more than one child or more than one act. • For juvenile offenders under the age of 18,the maximum consequenceis a period of probation supervision, with or without placement in a residential facility,for up to 18 months with a possible 12month extension. • A juvenile, age 15 or older, charged with 1st, 2nd or 3rd degree possession, may, but probably won’t, be transferred to the adult criminal court.

11. Defenses to charge of possession of child pornography: • The accused: • Possessed fewer than three depictions; and • Did not request the depictions; and • Promptly and in good faith, without keeping or showing them, except to law enforcement, took reasonable steps to destroy the depictions. • Or: • Possessed the depiction for bona fide artistic, medical, scientific, educational, religious, governmental or judicial purpose. • Or: • The acts of the accused are covered by the sexting law (CGS §53a-196h).

12. Sexting – what it is and what it isn’t • Child Pornography & Sexting Statutes

13. The Original Sexting Law - CGS §53a-196h • The original sexting law didn’t make sexting legal, it only reduced the crime to a misdemeanor. • RECIPIENT: • age 13, 14, 15, 16 or 17 • receives a visual depiction of the sender, age 13, 14 or 15, engaged in sexually explicit conduct • by means of an electronic communication device; • SENDER: • age 13, 14 or 15 • knowingly and voluntarily transmits a visual depiction of themselves engaged in sexually explicit conduct • by means of an electronic communication device • to a person age 13, 14, 15, 16 or 17;

14. to a person under age 18 • any age under 18 • under age 16 • The Original Sexting Law - CGS §53a-196h • under age 16 • P.A. 17-25 eliminated the minimum age restrictions effective 10/1/2017. • RECIPIENT: • age 13, 14, 15, 16 or 17 • receives a visual depiction of the sender, age 13, 14 or 15, engaged in sexually explicit conduct • by means of an electronic communication device; • SENDER: • age 13, 14 or 15 • knowingly and voluntarily transmits a visual depiction of themselves engaged in sexually explicit conduct • by means of an electronic communication device • to a person age 13, 14, 15, 16 or 17; “Sexually explicit conduct” means actual or simulated (A) sexual intercourse, (B) bestiality, (C) masturbation, (D) sadistic or masochistic abuse, or (E) lascivious exhibition of the genitals or pubic area. Problem: still requires “sexually explicit conduct” and much of what the kids are sending does not meet the definition.

15. Dissemination of an intimate image (PA 15-213) • Intentionally disseminates by electronic or other means a photograph, film, videotape or other recorded image of: • the genitals, pubic area or buttocks of another person with less than a fully opaque covering of such body part, or the breast of such other person who is female with less than a fully opaque covering of any portion of such breast below the top of the nipple, or • another person engaged in sexual intercourse, and • without the consent of such other person, knowing that such other person understood that the image would not be so disseminated, and • such other person suffers harm as a result of such dissemination. • For purposes of this subsection, “disseminate” means to sell, give, provide, lend, trade, mail, deliver, transfer, publish, distribute, circulate, present, exhibit, advertise or otherwise offer. • CGS §53a-189c Class A misdemeanor • Doesn’t require “sexually explicit conduct” • and there are no age restrictions. • Still doesn’t address when the depiction does not show “sexually explicit conduct” • and is sent by the person in the depiction.

16. Consequences of Sexting Emotional: • Fear • Betrayal • Long term impact Legal: • Juvenile delinquency record • Possible probation restrictions • Possible placement out of home Social: • Harm to reputation • Isolation • Undesired attention • Sexual harassment • Outcast • Dating for the wrong reasons • Impact on family & friends Education & Career • School applications • Extracurricular activities • Job applications

17. Responding To Sexting • “Before You Text” • An education program, • Developed in Texas, • Adapted for use in Connecticut in situations where a juvenile have been involved in “sexting.” • Consists of seven modules that juveniles can complete, preferably with a parent, that discuss the various legal, social, emotional, educational and career consequences of “sexting.” • Can be found at www.francarino.com in the “Civilian Presentation/Training Modules” section of the home page or at www.ctyouthservices.org/Publications/Resources/.

18. School Response to Bullying

19. DEFINITIONS OF “BULLYING” • Bullying might be a crime if the communication, act or gesture is actually a crime. • CGS §10-222d now defines “bullying” as: • causes physical or emotional harm to such student or damage to such student's property, • by one or more students • OR • Written, Oral or Electronic Communication • places such student in reasonable fear of harm to himself or herself, or of damage to his or her property, • AND • repeatedly directed • OR • AND • OR • Physical Act or Gesture • at another student attending school in the same school district • creates a hostile environment at school for such student, • OR • infringes on the rights of such student at school, • OR • substantially disrupts the education process or the orderly operation of a school.

20. race • race • Bullying might be a hate crime if the communication, act or gesture is a crime and based on: • Bullying might be a crime if the communication, act or gesture is actually a crime. • “Bullying” is also defined as: • color • religion • religion • ancestry • Written, Oral or Electronic Communication • national origin • national origin • gender • gender • based on any actual or perceived differentiating characteristic, such as: • OR • sexual orientation • sexual orientation • Physical Act or Gesture • gender identity or expression • gender identity or expression • socio-economic status • academic status • physical appearance • mental, physical, developmental or sensory disability • mental, physical, developmental or sensory disability “Cyberbullying” is bullying using the Internet, interactive and digital technologies, cellular mobile telephone or other mobile electronic devices or any electronic communications; • association with an individual or group who has or is perceived to have one or more of such characteristics

21. Bullying Reporting Requirement • CGS §10-222d(b)(3) requires school employees who witness acts of bullying or receive reports of bullying to orally notify the safe school climate specialist or another school administrator, not later than one school day after such school employee witnesses or receives a report of bullying, and to file a written report not later than two school days after making such oral report. • CGS §10-222d(b)(4)-(18) sets forth rules for safe school climate specialists and administrators regarding the information received, investigations, notice to parents, preventive interventions, policies and procedures for reporting, notice to police, safe school climate plan and training.

22. Bullying Reporting Requirement • Find out if you are deemed to be a “school employee.” • CGS §10-222d(8) “School employee” means (A) a teacher, substitute teacher, school administrator, school superintendent, guidance counselor, psychologist, social worker, nurse, physician, school paraprofessional or coach employed by a local or regional board of education or working in a public elementary, middle or high school; or (B) any other individual who, in the performance of his or her duties, has regular contact with students and who provides services to or on behalf of students enrolled in a public elementary, middle or high school, pursuant to a contract with the local or regional board of education;

23. Cell Phones & Driving CGS §14-296aa Definitions: (1) “Mobile telephone” means a cellular, analog, wireless or digital telephone capable of sending or receiving telephone communications without an access line for service. (2) “Using” or “use” means holding a hand-held mobile telephone to, or in the immediate proximity of, the user's ear. (3) “Hand-held mobile telephone” means a mobile telephone with which a user engages in a call using at least one hand. (4) “Hands-free accessory” means an attachment, add-on, built-in feature, or addition to a mobile telephone, whether or not permanently installed in a motor vehicle, that, when used, allows the vehicle operator to maintain both hands on the steering wheel.

24. Cell Phones & Driving CGS §14-296aa Definitions: (5) “Hands-free mobile telephone” means a hand-held mobile telephone that has an internal feature or function, or that is equipped with an attachment or addition, whether or not permanently part of such hand-held mobile telephone, by which a user engages in a call without the use of either hand, whether or not the use of either hand is necessary to activate, deactivate or initiate a function of such telephone. (6) “Engage in a call” means talking into or listening on a hand-held mobile telephone, but does not include holding a hand-held mobile telephone to activate, deactivate or initiate a function of such telephone. (7) “Immediate proximity” means the distance that permits the operator of a hand-held mobile telephone to hear telecommunications transmitted over such hand-held mobile telephone, but does not require physical contact with such operator's ear.

25. Cell Phones & Driving CGS §14-296aa Definitions: (8) “Mobile electronic device” means any hand-held or other portable electronic equipment capable of providing data communication between two or more persons, including a text messaging device, a paging device, a personal digital assistant, a laptop computer, equipment that is capable of playing a video game or a digital video disk, or equipment on which digital photographs are taken or transmitted, or any combination thereof, but does not include any audio equipment or any equipment installed in a motor vehicle for the purpose of providing navigation, emergency assistance to the operator of such motor vehicle or video entertainment to the passengers in the rear seats of such motor vehicle. (9) “Operating a motor vehicle” means operating a motor vehicle on any highway, including being temporarily stationary due to traffic, road conditions or a traffic control sign or signal, but not including being parked on the side or shoulder of any highway where such vehicle is safely able to remain stationary.

26. Cell Phones & Driving CGS §14-296aa Prohibitions: (b) (1) Except as otherwise provided in this subsection and subsections (c) and (d) of this section, no person shall operate a motor vehicle upon a highway while using a hand-held mobile telephone to engage in a call or while using a mobile electronic device. An operator of a motor vehicle who types, sends or reads a text message with a hand-held mobile telephone or mobile electronic device while operating a motor vehicle shall be in violation of this section. (2) An operator of a motor vehicle who holds a hand-held mobile telephone to, or in the immediate proximity of, his or her ear while operating a motor vehicle is presumed to be engaging in a call within the meaning of this section. This presumption is rebuttable by evidence tending to show that the operator was not engaged in a call. (3) The provisions of this subsection shall not be construed as authorizing the seizure or forfeiture of a hand-held mobile telephone or a mobile electronic device, unless otherwise provided by law.

27. Cell Phones & Driving CGS §14-296aa • Prohibitions do not apply to: • (A) The use of a hand-held mobile telephone for the sole purpose of communicating with any of the following regarding an emergency situation: • an emergency response operator; • a hospital, • physician's office or health clinic; • an ambulance company; • a fire department; or • a police department;

28. Cell Phones & Driving CGS §14-296aa • Prohibitions do not apply to: • (B) any of the following persons while in the performance of their official duties and within the scope of their employment: • a peace officer, • a firefighter or • an operator of an ambulance or authorized emergency vehicle • a member of the US armed forces while operating a military vehicle, or • a sworn motor vehicle inspector; • (C) the use of a hand-held radio by a person with an amateur radio station license issued by the FCC in emergency situations for emergency purposes only, or • (D) the use of a hands-free mobile telephone.

29. Cell Phones & Driving CGS §14-296aa • Additional restrictions: • (c) No person shall use a hand-held mobile telephone or other electronic device, including those with hands-free accessories, or a mobile electronic device while operating a school bus that is carrying passengers, except that this subsection shall not apply to: • a school bus driver placing an emergency call to school officials, or • the use of a hand-held mobile telephone for police fire or medical emergency communications. • (d) No person under eighteen years of age shall use any hand-held mobile telephone, including one with a hands-free accessory, or a mobile electronic device while operating a motor vehicle on a public highway, except for police fire or medical emergency communications.

30. Cell Phones & Driving CGS §14-296aa • Additional restrictions: • (e) No person shall use a hand-held mobile telephone or other electronic device or type, read or send text or a text message with or from a mobile telephone or mobile electronic device while operating a commercial motor vehicleexcept for the purpose of communicating with any of the following regarding an emergency situation: • an emergency response operator; • a hospital; • physician's office or health clinic; • an ambulance company; • a fire department or • a police department.

31. Distracted Driving CGS §14-296aa Distracted driving generally (beyond cell phones): (f) No person shall engage in any activity not related to the actual operation of a motor vehicle in a manner that interferes with the safe operation of such vehicle on any highway. (g) Any law enforcement officer who issues a summons for a violation of this section shall record on such summons the specific nature of any distracted driving behavior observed by such officer. (h) Any person who violates this section shall be $150 for a first violation, $300 for a second violation and $500 for a third or subsequent violation. (i) An operator of a motor vehicle who commits a moving violationwhile engaged in any activity prohibited by this section shall be fined in accordance with subsection (h), in addition to any penalty or fine imposed for the moving violation. (k) A record of any violation of this section shall appear on the driving history record of any offender and the record shall be available to any motor vehicle insurer.

32. 2019 ANTI-DISTRACTED DRIVING ENFORCEMENT • CAMPAIGN • Distracted driving has become a national epidemic—endangering • passengers, adjacent vehicle occupants, motorcyclists and • bicyclists, and nearby pedestrians. While we generally think of • distracted driving as texting or talking on the cell phone, it can take many other forms because they can all distract a driver from the essential task of safe driving: • adjusting the radio station, • applying makeup, • eating, • chatting with other passengers, or • taking a sip of your drink • Texting has become one of the most common, pervasive forms of distracted driving, and too many drivers are succumbing to this illegal - and often deadly - habit.

33. 2019 ANTI-DISTRACTED DRIVING ENFORCEMENT • CAMPAIGN • The Frightening Stats • Between 2012-2017, nearly 20,000 people died in crashes involving a distracted driver. • According to NHTSA, there were 3,166 people killed in motor vehicle crashes involving distracted drivers in 2017. While this reflects a 9 percent decrease from 2016 to 2017, in the last six years, 9.5 percent of all fatal crashes involved a distracted driver. • Texting while driving has become an especially problematic trend among younger drivers. In fact, in 2017, 8 percent of people killed in teen (15-19) driving crashes died when the teen drivers were distracted at the times of the crashes. • According to NHTSA, young drivers 16- to 24-years-old have been observed using handheld electronic devices while driving at higher rates than older drivers since 2007. • Female drivers with a cell phone have been more likely to be involved in fatal distracted driving crashes as compared to male drivers every year since 2012.

34. 2019 ANTI-DISTRACTED DRIVING ENFORCEMENT • CAMPAIGN • Safety Tips for Driving • If you are expecting a text message or need to send one, pull over and park your car in a safe location. Once you are safely off the road and parked, it is safe to text. • Designate your passenger as your “designated texter.” Allow them access to your phone to respond to calls or messages. • Do not engage in social media scrolling or messaging while driving. Cell phone use can be habit-forming. Struggling to not text and drive? Put the cell phone in the trunk, glove box, or back seat of the vehicle until you arrive at your destination. • When you get behind the wheel, be an example to your family and friends by putting your phone away. Texting and driving isn’t trendy “normal” behavior—it’s a selfish, deadly and illegal activity that could kill you, a loved one, a friend, or a stranger. • Avoid calling or texting someone that may be driving at the time.

35. 2019 ANTI-DISTRACTED DRIVING ENFORCEMENT CAMPAIGN Safety Tips for Driving. • In 47 States, the District of Columbia, Puerto Rico, Guam, and the U.S. Virgin Islands, texting while driving is an illegal, ticketable offense. You could end up paying a hefty fine, and could get points on your license. • If you see something, say something. If your friends text while driving, tell them to stop. Listen to your passengers: If they catch you texting while driving and tell you to put your phone away, put it down. • Remember, when you get behind the wheel, put your phone away. U Drive. U Text. U Pay. • For more information, visit www.trafficsafetyma https://www.ct.gov/dot/lib/dot/documents/dtransportation_safety/distracted_driving_prevention/distracted_driving_fact_sheet.pdf

36. Cell Phones in School CGS §10-233j Sec. 10-233j. Student possession and use of telecommunication devices. (a) No student in a public school in the state shall possess or use a remotely activated paging device unless such student obtains the written permission of the school principal for such possession and use. The principal shall grant such permission only if the student or his parent or guardian establishes to the satisfaction of the principal that a reasonable basis exists for the possession and use of the device. (b) A local or regional board of education may restrict the student possession or use of cellular mobile telephones in the schools under its jurisdiction. In determining whether to restrict such possession or use, the local or regional board of education shall consider the special needs of parents and students.

37. Francis J. CarinoSupervisory Assistant State’s AttorneyOffice of the Chief State’s Attorney300 Corporate PlaceRocky Hill, CT 06067Tel.: (860) 258-5826Fax: (860) 258-5858E-mail: francis.carino@ct.gov CT Juvenile Law website: www.francarino.com • Prepared by: