Sexting Teens facing felony charges for misuse of cell phones

It’s a well documented fact that many teens and young adults have found themselves entangled in legal nightmares as a result of cell phones being used to transmit sexually graphic texts or images. If you are a parent of a teen ...




... you may find insights into the "Why's" of sexting in an article posted March 23, 2009 at WashingtonPost.com
Why teens Sext

What is Sexting?

According to the Urban Dictionary “Sexting” is a term created by the media referring to sending sexually explicit text messages. The term is used by adults who are out of the loop and not by the individuals (often teens) who are actually sending the explicit messages.

What ever you call it, sexting, sextexting, sextextuals, or sext messages, for many parents and teenagers it may well be a sextastropy.

So what kind of legal hot water can a teen find themselves in? These legal entanglements range in severity from federal and state criminal indictments to civil legal battles and have resulted in teens being convicted of felonies and misdemeanors receiving sentences of incarceration in Juvenal prison, or some other type of punishment. Some are now required to register as sex offenders.

It goes without saying that the chain of events that unfolds in our juvenile justice court rooms across the nation involving “sexting” are as different as the people entangled in them. The legal ramifications and outcomes vary greatly from jurisdiction to jurisdiction; however, if they are mostly due to an adolescents poor judgment, lack of knowledge, or general misuse of a cell phone, then it stands to reason many of these situations are completely avoidable. We all know teens don't necessarily follow all the rules, but at a minimum, they should be educated on the possible consiquence and the laws they may be violating.

In our view, unless other mitigating circumstances exist, teens should not be forced to register as sex offenders for acts obviously brought about by ill-advised adolescent behavior and poor judgment. This is NOT what the sex offender registration program was intended for. We need law makers to take a good look at this and come up with sensible standards. We need family court judges to have lattitude in sentencing these types of blunders where juveniles are concerned on a case by case basis. Yes, there are some youth out there who are violent sex offenders and certainly, they should be treated as such; however, there are many circumstances where, in our view, felony convictions and sex offender registration is not justified.



One judge took the right approach and he is to be commended for his wisdom and courage. Judge Thomas F O’Malley in Cleveland took what we felt was a very productive, useful approach in sentencing eight suburban teens (ages 14, 15, and 16) from Mayfield and Highland heights in the fall of 2008.

These teens were taking provocative nude photos of themselves and sending them through their cell phones to their boyfriends or girl friends. They knew they could get in trouble for it, but did not know they could be charged with a felony. The parents, in complete shock over the photos, didn’t know their kids could be charged with felonies until the prosecuting attorney educated them on the realities for violating obscenity laws.

Under a special sentencing plan agreed on by Judge O’Malley, the defense attorney’s and the prosecuting attorney’s, every teen was ordered to survey 25 other teens in their school to educate them and report back whether they knew having, viewing or sending explicit photos of a minor over a cell phone could result in a felony conviction and incarceration in juvenile jail. In addition, they were mandated get counseling and be assessed under the same guidelines for cases considered sexual offenses. If they comply with the sentencing, the charges will be dismissed.

The teens will come back into Judge O’Malley’s court after a given time to compile the results and present their results. The results may be used to educate other teens in their community and beyond.

A national survey release in December 2008 about sex, technology and teens showed that 20% of teens surveyed had electronically transmitted nude or provocative photos of themselves via internet post or cell phone. 40% had sent sexually evocative texts or instant messages.

If you think you see most of the horror stories on misuse of cell phones in the news and media today, you'd be mistaken. The simple fact is, 99% of these cases never hit the news. The reality is, misuse of cell phones has destroy people’s lives, or at a minimum, turn their lives completely upside down. The actions that cause this destruction are not exclusive to teens. Some adults are just as prone to poor judgment, only they don’t get to talk to a family court judge, they get a criminal court judge. Different rules entirely.

We are conducting research in all 50 states to obtain state laws on cell phone related issues. For many states, there are new cell phone laws being passed. All states are adapting cellular phone laws not only for driving issues, but for privacy issues too.

Sexlaws Research Team
S. Frances
2009-03-08 08:53:56 -0800

Sex & Tech Teen Voices
Sex & Tech Survey pdf DOWNLOAD






Submitted by Anonymous on Sun, 10/02/2011 - 11:30.

I, myself, am a big fan of sexting. I'm fifteen years old and I've sent multiple pictures to multiple guys. This law is ridiculous. Why should the government be able to tell me what I can do with MY body? There shouldn't be a punishment ihe pictures are found because isn't them being found enough of a consequence?

Submitted by Anonymous (not verified) on Wed, 05/18/2011 - 16:56.

Ppl are saying that just cuz you send the pic it can end up every where... But even if your spouse takes the picture in person it can still be spread around... Let them do it and learn on their own.... if they want to send em out than let them.... No matter how private you try to keep them they really aren't.. not even on your own phone.. it could be stolen and sent out still... so just let them learn... for real..... Wtf?????

Submitted by Anonymous (not verified) on Mon, 04/18/2011 - 21:56.

Teenagers aren't mature enough to fully understand the consequences they could face over creating and distributing pornographic images of themselves. I'm shocked to read so many comments about how many people think it's okay to let kids create porn using their own nude photos! unfortunately, there are parents out there that don't care much about the well being of their children and that's why the law should get involved.

We have all heard about how many kids inlcuding teenagers are commiting suicide over something like being called fat or ugly. Now imagine a 14 year old girl who's nude picture is all over the school and the girl becomes known as the school whore. How humiliating and emotionally devastating that would be! This is why parents shouldn't allow their children to sext.

Teenagers make mistakes and learn from them but there are some mistakes that people will always regret and may haunt them forever. I'm glad I was mature enough to never sext as a teen because I'm sure it would be my worst regret. I'm 21 now and after 7 years with my boyfriend, I still won't sext him.

Any teens reading this post, take my advice, DO NOT SEXT unless you wouldn't mind sharing that sext message with your entire school because that's most likely going to happen.

Oh yeah, and the posts by all of the 13 year olds opposing the law are ridiculous!

Submitted by Evan (not verified) on Fri, 05/06/2011 - 10:29.

I'm 17 & I've engaged in picture sexting & I am offended by your ageist comment. My pictures never got spread to a bunch of other people & I have no regrets. If the police did find out I would kill myself before they locked me in prison forever.

It is inhuman & a waste of tax money to lock teens in prison for sexting.

I've created a petition to legalize sexting.

Submitted by Molly (not verified) on Sat, 05/21/2011 - 13:12.

I completely agree with you. In a way, I could understand a SLIGHT punishment involved with sexting/pictures between adults and children, but between teens themselves? I see it this way... It is, in a way, a gift. Would you rather your teen get their sexual thrill from actually having sex and getting pregnant/getting someone pregnant, or a few harmless messages/pictures? And even then, isn't the the PARENT'S responsibility to punish their child if they wish? There are FAR worse things that should be illegal for teens and monitored, not a few texts and pictures. The only logical reason for making it illegal, would be "Teens won't do it, because they're too frightened of being thrown in jail." So, basically, "There are awful things teens do to get eachother killed that are legal, however expressing their new-found sexual interest that every human being encounters? No way!"

Submitted by Anonymous (not verified) on Mon, 04/18/2011 - 16:35.

this is a stupid law since we live in america land of the free its harmless fun besides only the parents sould be in charge of punishment and excepting legal consequences and i got in a lot of trouble for doing this even though i was forced to by a girl i believe thats just a double standard thing but seriously its not a big deal i would let my kids do almost anything espicially after i saw a therapist in my teen years who said i was being bad and stuff like that because i didnt have enough freedom eve my mom let me do almost anything even if my dad said no but they were and still aqre a pain in the but i havent talked to my parents in 45 years they love me i no that but i hate them

Submitted by Anonymous (not verified) on Mon, 04/25/2011 - 21:34.

I am 21 yrs old and i have sexted before, and I am also going to be an California Highway Patrol officer in a couple months and have learned the consequences that these acts can hold, to say that you would allow your children to do anything because you basically want to be there friend instead of a parent. you say you did bad because you didnt have enough freedom, however kids with no rules do the same thing. It is finding the right amount of both that will make you a parent..Not a friend.. kids got to school to get friends, you have to mold them and give them the right things they will need to accomplish things in the world, discipline (not abuse there is a huge difference), morals, respect, courage, honor, and the goal for self improvement. no matter how hard a child tries not to, we all become our parents, and if you want you kids ( i pray you never have them till you have grown up) " i got in a lot of trouble for doing this even though i was forced to by a girl" ya forced my ass.. become the person you want your children to grow into.

Submitted by bacon (not verified) on Sun, 05/22/2011 - 18:05.

You should probably learn English before you become a cop.

Submitted by M@R!N@ (not verified) on Wed, 04/06/2011 - 23:49.

i never knew that was illegal... but wow this was great to find out. this info will help keep me from doing it in the future....

Submitted by Evan (not verified) on Fri, 05/06/2011 - 10:31.

Even though the law puts minors who picture sext in prison & there's lots of puritans out there saying sexting is despicable, it's not. Picture sexting is no different than having sex & it's no different than seeing each other naked at a nudist resort. It's the people supporting the underage picture sexting laws that are a threat to humanity. There is nothing wrong with underage picture sexting.

Here is how the child porn laws should be: If a minor & someone within 4 years of age exchange nude pictures of themselves & keep them between each other then no crime has been committed. If someone sends those nude pictures of that minor to a bunch of other people then there's the crime.

BTW Im 17 & I've sexted with multiple girls & I never faced any consequences.

Submitted by Anonymous (not verified) on Fri, 03/25/2011 - 23:42.

I think some teenagers are very forgetful of the fact that once a picture has been sent out on the internet it is there FOREVER. Though phones is just as bad. Let us ponder about what an angry ex-boyfriend is likely to do with those nude pictures on his phone of his ex...

Submitted by Evan (not verified) on Fri, 05/06/2011 - 10:33.

I've sexted before while underage & those pictures were never spread out on the internet.

If a angry ex sends those pictures out thats when it should be illegal.

If they keep the pictures between themselves it should be legal.

Submitted by Anonymous (not verified) on Tue, 03/22/2011 - 19:44.

an ex friend of mine has been sexting to 5 different guys since she was 16... i know its illegal, however, when i told the parents they acted like i had no right to say anything and that they will take leagal matters against me. funny thing is, is that she has a full scholarship to a college... i wonder if that college will like her when they find out. One day, it will bite her in the @$$.

The government should also penalize the person sending the texts, they are doing it knowingly, so there is no force involved.

Submitted by Evan (not verified) on Fri, 05/06/2011 - 10:36.

Same here, I've sexted about 5 different girls since I was 16.
& Im not going to college.

Why did you try to get her in trouble with her parents? Are you trying to ruin people's lives?

The government needs to mind their own ****** business when it comes to teen sexting.

Even though the law puts minors who picture sext in prison & there's lots of puritans out there saying sexting is despicable, it's not. Picture sexting is no different than having sex & it's no different than seeing each other naked at a nudist resort. It's the people supporting the underage picture sexting laws that are a threat to humanity. There is nothing wrong with underage picture sexting.

Here is how the child porn laws should be: If a minor & someone within 4 years of age exchange nude pictures of themselves & keep them between each other then no crime has been committed. If someone sends those nude pictures of that minor to a bunch of other people then there's the crime.

Submitted by Anonymous (not verified) on Thu, 03/17/2011 - 11:37.

I believe that this should be between the parent and the child some parents are okay with it and some are not. That's just like statutory rape some parents are okay with their children dating older men and some are not. But with these laws it's not going to change anything because people are still doing it and teens are still getting pregnant so it's all a big waist of time. It takes a lot for someone to get caught doing these things.

Submitted by Anonymous (not verified) on Tue, 03/15/2011 - 14:46.

For all you parents out there that just don't know what to do- here is some info.
GET THE COMPUTERS OUT OF THE BEDROOMS AND HAVE THE CELL PHONES TURNED OFF!
We all lived through our teenage years without a computer and cell phone and guess what?
They will too!

Submitted by Evan (not verified) on Fri, 05/06/2011 - 10:40.

I will die before I let my parents do what you're telling them to do.
What do want to have happen? Do you want us to turn into Syria or Libya?

Just mind your own f****** business.

Me sending a girl a picture of my dick doesn't hurt you or me.

If you want my phone you're gonna have to take away my machete 1st.

I am a technophile & cannot live without the technology this generation has blessed me with.

Do you seriously have nothing better to do than worry about teens exchanging nude pictures?
Is this world so perfect that the worst people are 17 year olds naked on webcam?

Get a life.

Submitted by Anonymous (not verified) on Tue, 04/05/2011 - 23:01.

okay i dissagree yet i am only 19 years young. i blv that it is the your on choice. i mean there are plenty of adults in the world that do sexting. so why is that a 16,17, or even 18 yr old is wrong if they do it.

Submitted by star111313 (not verified) on Wed, 04/13/2011 - 08:01.

i think your completly right im 16 and ive done it once without knowing i was illegal but your right everyone does it and it shouldnt be illegal cause you cant catch everyone thats doing it cause not everyone is going to tell on the person thats doing it and there is noooooo possible way of stopping it they even have cell phones out that will take everything that goes through the phone and put it on a webpage for you to go back and look at. i belive that its wrong for an adult to do it and not a teenager, i mean isnt the age of conent 16??

Submitted by Anonymous (not verified) on Tue, 03/22/2011 - 19:45.

YOUR AWESOME! I totally agree!

Submitted by Anonymous (not verified) on Sun, 03/13/2011 - 14:42.

So im a 17 yer old boy. If I send a nude picture to an adult would they get in trouble. What if a 17 year old girl and I exchanged pictures, do we both get in trouble?

Submitted by Anonymous (not verified) on Fri, 06/10/2011 - 16:59.

It depends on the state you live in and what is considered age of consent. There are people who are 17 and married, serving in the military etc.It may also depend on the age of the person who you are sending it to as well. There are lots of nude images of teens 16 and 17 years old regarding promotions of family nudist camps etc. A nude image in itself is not necessarily considered porn.

Submitted by Evan (not verified) on Fri, 05/06/2011 - 10:42.

You & anybody else caught with that picture will face life in prison for child pornography.

But I'm 17 too & I've sexted & I never got trouble for it.

Don't listen to what these low life fascists are saying.
They just want to turn us into 1984.

Submitted by Anonymous (not verified) on Mon, 05/30/2011 - 23:30.

you dont get life in prison for child porn..at least not one pictures worth..

Submitted by Jas (not verified) on Mon, 03/07/2011 - 19:05.

If teens get introuble for sending their boyfriend and girlfriend private stuff between them then these girls getting pregnant and boasting about it on television should get in trouble too and their boyfriends should be registered as a sex offender as well.

Submitted by Anonymous (not verified) on Sun, 02/27/2011 - 13:46.

if you are 13 and under, there should be no reason for you to even be talking to a significant other in such a manner,if somebody of these ages are caught doing it then something should be done about it with the parents and a small punishment for it. if you are 14 and older the it is between you and your other to do what you want except pictures because it can fall under pornography. it is your business to text sentences. if your parents decide to do something about it then they can because the probably paid for the phone. the law should not come between two happy people having harmless fun on a phone except pictures i say again. if the other person does not like it then it is harassment.

Submitted by Anonymous (not verified) on Wed, 03/09/2011 - 20:14.

I could not agree with you more! :)

Submitted by Anonymous (not verified) on Sun, 02/27/2011 - 13:40.

wow. okay i understand the sexting pictures but sentences- there should be no real punishment for that. unless the other person dosen't like it then it can be harrasment. pictures can fall under pornography but seriously if its just me and my girlfriend having fun bein teenagers it should be up to our parents to do somethin about it. 1m 15 and my girlfriend is 1 year younger about to be 15. pictures should be illegal not sentences. and besides its between me and my girlfriend , why does the law have to come in between us and have a say about it?

Submitted by Evan (not verified) on Fri, 05/06/2011 - 10:44.

its not the cyber flirting that is illegal its the naked pictures of underage people.

Even though the law puts minors who picture sext in prison & there's lots of puritans out there saying sexting is despicable, it's not. Picture sexting is no different than having sex & it's no different than seeing each other naked at a nudist resort. It's the people supporting the underage picture sexting laws that are a threat to humanity. There is nothing wrong with underage picture sexting.

Here is how the child porn laws should be: If a minor & someone within 4 years of age exchange nude pictures of themselves & keep them between each other then no crime has been committed. If someone sends those nude pictures of that minor to a bunch of other people then there's the crime.

Submitted by Anonymous (not verified) on Sun, 01/30/2011 - 01:36.

okay. so is this about sending explicit pictures, or just sending suggestive words/sentances? thank you for the clarification in advance.

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