What’s the image that pops into your head when you hear the words “child pornography”? Prepare to change that image because some of those charged with the crime of child pornography look like more like a high school’s who’s who list than a line-up from Law & Order.
Sexting is apparently the “in” thing to do these days, but most kids are not aware of the legal trouble that such practices can cause. In some states such as Iowa and Florida, minors have previously been facing felony charges because laws have been defining sexting as possession and distribution of child pornography. This means that both senders and recipients of sexting messages could (and already have been) charged with child pornography, even when the images were of themselves.
• In Florida, Phillip Alpert, then 18, was charged with distributing child pornography and put on the sex offenders registry because after a fight, he sent a photograph of his nude 16-year-old girlfriend by e-mail to dozens of people, including her parents.
• In Iowa, Jorge Canal is on the sex offender’s registry because, at age 18, he was convicted of distributing obscene materials to a minor after he sent a picture of his penis by cell phone to a 14-year-old female friend who had requested it. Mr. Canal was 18 when he sent the picture of his erect penis to a 14-year-old schoolmate, along with another picture of his face, with the text “I love you” on it. The girl, identified only by her initials, thought she erased the image, but her parents found it and passed it to the police.
• Last year, a 14-year-old New Jersey girl was arrested and charged with possession and distribution of child pornography after posting dozens of sexually explicit photographs of herself on MySpace.
There are two basic scenarios. In one, a teenager shares a nude picture, usually with a romantic partner. In the other, a partner, or more commonly an ex-partner, distributes the image. Whether it’s fortunate or unfortunate, the law doesn’t care which role the individuals played in the scenario.
Unfortunately, the long-term effects of playing any part in sexting don’t seem to enter into the minds of our youth. The immediate satisfaction of pleasing a boyfriend or girlfriend, or revenge when that relationship doesn’t work out – seems to be an all too common theme for these crimes. This is another case where the laws haven’t kept up with the current technology, times or trends. Do you know what your state is doing in cases involving sexting?
Most of these youths have been implicated under Federal laws such as PROTECT Act of 2003. Such laws prescribe harsh penalties such as felony charges and placement on a sex offender registry for those who possess or distribute offensive imagery such as child pornography.
Last year, Nebraska, Utah and Vermont changed their laws to reduce penalties for teenagers who engage in such activities, and this year, according to the National Council on State Legislatures, 14 more states are considering legislation that would treat young people who engage in sexting differently from adult pornographers and sexual predators. The new Nebraska law makes that distinction, giving a pass to children under 18 who send out their own photograph to a willing recipient who is at least 15. On the other hand, a teenager who passes the photograph on to friends could face a felony child pornography charge and five years in prison.
So how can we help our children understand that ‘pleasing’ someone in the short-term, may have some VERY serious lifelong consequences? Do you feel that more laws, or different laws are the answer? Have you sat down with your children and asked them about this topic? How did you start the conversation and what did you learn? Do you have advice for other parents that you can share to make the discussion a little easier?
Tell us your thoughts.
