Sexting repercussions: Update

Here's a sampler of sexting cases (in three states) in the news this past week: Two Ohio 15-year-olds pleaded guilty to "contributing to the delinquency of a minor" and have been sentenced, the boy to 30 days' house arrest and the girl to writing a research paper for the court on the dangers of sexting and both to 100 hours of community service and no cellphones for 30 days, WHIO Radio reports. Investigators from the Palm Beach County Sheriff's Office showed up at the homes of five Florida teens aged 14-16 with search warrants and "seized their cell phones and home computers, in a stunning sexting investigation," a Fox TV station there reports. As of Tuesday they had not been arrested, but the stakes are high in Florida if they are (see "FL teen a registered sex offender for sexting"). And in Nebraska, a 15-year-old high school freshman has been convicted and sentenced to 12 months' probation for sending nude photos to a 13-year-old girl, the first sexting conviction of a minor in that part of the state, the North Platte Bulletin reports. See also "Sending of Explicit Photos Can Land Teens in Legal Fix" in the Washington Post and our "Tips to Prevent Sexting" at ConnectSafely.org. You might also appreciate this meaty conversation on sexting on Capitol Hill, offering three important perspectives: that of law enforcement, from Monique Roth, senior counsel at the US Justice Department; Donna Rice Hughes, president of Enough is Enough, on the sexualized media environment; and Ting-Yi Oei, assistant principal of Freedom High School in Loudoun County, Va., on sexting incident at his school (see also "Asst. principal tells his own story").

FL teen a registered sex offender for sexting

Teens do not want a late-night fit of anger channeled into a few seconds' worth of clicks on a cellphone to lead to anything close to what happened to Phillip Alpert, who will be in Florida's sex offender registry until he's 43, CNN reports. He told CNN he had just turned 18, he was tired, and it was the middle of the night "when he sent a naked photo of his 16-year-old girlfriend [for 2½ years], a photo she had taken and sent him, to dozens of her friends and family after an argument." Arrested and charged with distributing child pornography, he was later convicted and "sentenced to five years' probation and required by Florida law to register as a sex offender." Please see the CNN article for how US states handle child porn crimes, which - unfortunately, until US policymakers come up with a better idea - is how sexting is dealt with under US state and federal laws. What makes this complicated for law enforcement is, sexting is not always impulsive behavior by teenagers who know nothing about the law. Sometimes it's premeditated and malicious (e.g., bullying) or even criminal (blackmail or sexual abuse), in which case, Catholic U. Prof. Mary Leary and other legal scholars believe prosecution of minors should not be taken off the table (see "Self-produced child porn").

I wonder if it would it help to look at how other countries are dealing with sexting. When a Toronto TV reporter contacted ConnectSafely today, I learned that Canadian child porn law is a little easier on juveniles - more reasonable, I think, even though "sexting" has barely hit the public radar there, he told me. He pointed me to a thoughtful Macleans magazine article, reporting that, in Canada, "it’s not illegal for two teenagers under the age of 18 to carry naked photographs of one another, provided it's [consensual activity and] for private viewing only." It becomes child porn when one of them sends it around, and charges are for that distribution not against the minor who took the photo, according to Maclean. I haven't seen reports on UK law where sexting's concerned, but I noted that "90 children in the UK have been cautioned [presumably by law enforcement people] as a result of posting sexual material of themselves or their underage friends online or on their mobile phones," according to The Daily Mail, which indicates to me that those 90 children weren't arrested and that UK law enforcement may be playing the largely educational role that the realities of adolescent behavior and development demand of law enforcement where sexting's concerned. [For some research-based tips on how to deal with sexting in the US, click here.]