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 Vanity Crumbs (not verified) on Tue, 08/31/2010 - 11:47.

I found my daughter late night texting in bed and grabbed her phone from her. She was very upset and didn't want me to have it. That's when I found the sexting between her and an older boy. I didn't no what to do. I was sick to my stomach, she is only 10. Anyone who thinks this behavior is ok is wrong. Unless your 18 or older it should be against the law and kids need to be aware of it. They no it's wrong and kids need structure and discipline in there lives. You can bet my daughter will no longer have a cell phone a facebook page or listen to anything but Country music.

Submitted by Anonymous (not verified) on Tue, 06/29/2010 - 05:18.

I picked up my 10 year old's phone and read language sent from a boy (same age) that is inappropriate and can be called sexting. I am glad I can use a great deal of the information provided here to educate both of them on this subject. I hope that this information will make them realize the seriousness of the action. One angry parent can ruin the life of a child.

Submitted by Anonymous (not verified) on Mon, 05/24/2010 - 16:34.

I started sexting when i was 15 years old and i didnt know what to call it entill i was 16 and the word sexting came up.
and i don't want to get in trouble for it.

Submitted by Anonymous (not verified) on Mon, 05/10/2010 - 17:43.

I love how neither the body who posted this article, nor those speaking for or against it cannot spell. It's amusing. I believe that age of consent is very restrictive. It should be charged based on the maturity of each participant. I believe the same for "sexting". If either party is deemed too immature to handle sexual scenarios, and the other is aware of this and engages in the activity anyway, it is wrong. If a 10 year old can watch an R rated movie with parental consent, then it is unreasonable to charge for "sexting" if parents consent. Hit me with all your religious bullshit, young and old backwoods psycho conservatives. Religion has nothing to do with the legal system. If your children aren't firm enough in their beliefs not to participate in activities violating your religious doctrine, the beliefs weren't there to begin with. I'm a thirteen year old girl from Ohio.

Submitted by clark (not verified) on Thu, 05/06/2010 - 00:56.

I believe that this "issue" should be between parents and their children. It is not the responsibility of the court system to punish someone who is still a minor, under the care of their own parents, and only doing what their parents are allowing them to do. Unless they are physically hurting someone, then let them ruin their own lives.

Clark
ccna certification
USA

Submitted by Anonymous (not verified) on Thu, 04/29/2010 - 07:56.

Very interesting and informative article indeed. It was really interesting to read various opinions about the sexting teens and I have to admit that I really support many people opinion about that. I think that fathers should keep an eye on their child... Well, I will definitely try to find more information about this subject so thanks a lot one more time for the detailed post. By the way keep up publishing these great posts in the future too. Best wishes.

Submitted by Anonymous (not verified) on Thu, 04/08/2010 - 21:01.

im scared. i just sexted with my ex boyfriend, i am 13 he is 14. who would be charged with the felony, me or him?

Submitted by Anonymous (not verified) on Sat, 05/15/2010 - 20:11.

its ok hunny. just dont get caught. and dont do it again. i talk from experience, i didnt even know iwas sexting my bf untill we broke up and he threatened to turn me nto the police. if you dont know something is wrong, you are bound to do it. just dont do it again and you will be fine. live and learn. if you didnt know it was wrong before and you do now, then its a genuine mistake. im 13 too and he was 12 wen we started sexting. its kinda hard to quit tho. it was almost like an addiction for me

Submitted by Anonymous (not verified) on Sat, 04/03/2010 - 08:53.

I lol'd when I read "Juvenal" prison!!!!!!! ROFLMFAO JUVENAL!!! IT'S JUVENILE, GENIU!!!s111one111

Submitted by Anonymous (not verified) on Mon, 03/22/2010 - 08:04.

caught my 17yr old daughter posting nude pics,she can be charged w/felony in my state,dont want this 2 ruin her future, but several pics were cohersed by adults & i want them prosicuted to the max ,but if i report this 2 authorities she could face severe charges !!not sure how 2 handle this any suggestions?? i am at a loss

Submitted by Anonymous (not verified) on Sun, 03/14/2010 - 10:40.

can an officer arrest a minor without letting the parents know?

Submitted by Anonymous (not verified) on Tue, 07/06/2010 - 07:58.

no shit, they're still minors.

Submitted by Anonymous (not verified) on Mon, 03/01/2010 - 12:28.

sexting rocks

Submitted by Anonymous (not verified) on Mon, 03/08/2010 - 21:00.

You cant get pregnant or get an STD.

GO SEXTING!!!

Submitted by Anonymous (not verified) on Fri, 06/11/2010 - 08:27.

Did you know that sexting can cause other problems than pregnancy or STD's? The photos can be put on the internet and there they will last FOREVER!! Colleges and future employers can and will check your myspace and facebook. And lets not forget the forever part, your children and possibly grandchildren might come across it. NICE

Submitted by Anonymous (not verified) on Wed, 06/30/2010 - 09:02.

So? Who cares? If your gonna send nudes to a guy hes going to show everyone anyways. This is how it works, guy asks for nudes and promises to delete them right after then immediately shows all his buddies, then sending it to his e-mail before the girl can look through his phone, I have done this countless times when i was younger. But sexting gets alot older once you reach adulthood.

Submitted by Anonymous (not verified) on Wed, 01/27/2010 - 00:39.

Well I think a 17 year old sending sex messages to a 11 year old should go to jail. I will find out what kind of laws apply to this in my state. I just got the overwhelming information today. We had to rush out the house for basketball practice, and the cell phone was left. I looked and was very surprised.

Submitted by Anonymous (not verified) on Mon, 12/21/2009 - 01:46.

If sexting is to be so illegal why is it always one person to be charged with it in each case. It takes both individuals to hit each send button, am I correct? So if both are charged then who is the "offense" against? Charges could be pressed either way and both lives are ruined. I'm speaking strictly for children. Also if an 18 year old receives a test or picture of someone under 18 with any sexual content what so ever they can be charged with a felony even if they didn't participate in it. I find this to be wrong. I myself am currently in a predicament. I am 18 and a girl under 18 texted me explicit messages (no pictures) I responded to her initiative and her dad got a hold of her phone and called my parents. So as it stands it is between the families. No sexual actions at all have been made between us just the exchange of texts. Her parents have now alerted my school which is a private school. That's where it stands right now as it is Christmas break. I don't feel I should have any charges against me as I have not touched her in anyway nor was I in possesion of any underage pictures. And with her initiative and invovlement she should be just as liable. I'd like to hear anyones comments.

Submitted by anonymously speaking (not verified) on Mon, 12/14/2009 - 16:23.

Okay I'm gonna come out and say this because well, yeah alot of people my age are familiar with "sexting" YOu can pretty much have sex over messages and pics and videos. Yeah, it's wrong I agree with that. But look at the circumstances, when it's just a couple that is keeping it to themselves, aren't posting it in public places, and is just ment to be for themselves, then why get all in their business? Or what if it was a bad mistake in the past, you can't change the past. I am only 15, duh I'm going to have hormones and DUH some texts are going to be more racy than others, but... if you knew me, I don't deserve the title "sex-offender" who did I ever offend? The only rights broken were my own self-respect. I totally agree that sexting can get out of hand, but look more into it, sometimes laws and government and law enforcers get too involved with things. Make it a huge deal. I'm not perfect, neither are you.

Submitted by Anonymous (not verified) on Fri, 12/04/2009 - 22:17.

why should the goverment get involved,it's a personal isue and if the parents have a isue with it then they should deal with it,but that doesent mean the goverment has to deal with it. and its a personal choice if that person wants to do it then fine. and what people never seem to get is that teens like to not follow direction. there seeing how far they can go, if they want that fine its there choice and in the end when they get older there going to do it anyway one way or anouther. just because there younger doesent mean they dont undersand. adlts need to undersand that we do have minds and even though we make mistaces more often doesent mean they can control us becuase it doesent work. what they need is a seperate law for kids governed by kids that undestand whats going on in our lives.

Submitted by Anonymous (not verified) on Sun, 12/13/2009 - 01:04.

i disagree with your statement the government should get involve do you know how many perverts are out there i wouldn't want my child to be talked to that way especially if im paying her cell phone bills and you are living under my rules. when my my child get her own house she can do what ever she please but until that day come she will not be sexting in my damn house. if a dude really had respect for you wouldn't have to do any sexual things with him until you all are married

Submitted by Anonymous (not verified) on Sat, 05/15/2010 - 20:26.

if this is your view, then i see you as a stuck up snob. sex before marriage may have seemed out of question when you were growing up but now, its seen very differently. im 13 and i barely have my virginity in tack. kids are gunna fuck up and u as a parent need to be ready to steer them strait when they fuck up. you cant stop your daughter from having sex before shes married. i agree that under your roof, its not appropriate behavior but if you tell her she cant do something, then she is going to want to do it more. that's how teens end up pregnant. when parents tell them they cant do something. wouldn't you rather prepare and protect your child so that if something does happen to her she isn't effected forever? i know that when my parents told me i could do anything i rebelled and almost lost my virginity. but when they sat me down and told me that i could use the pill, i didn't have the same desire to rebel. they helped steer me strait when i fucked up.

i hope this helps to open your eyes. just make sure your daughter doesn't feel the need to rebel. after all, shes only a kid once

Submitted by Anonymous (not verified) on Thu, 04/22/2010 - 22:30.

You're very out of touch with our generations views on sexuality.

I understand it may be hard for you to have your daughter talked to in a way that you view as disrespectful, but the guy talking to her (which she may very well be responding in kind to), may actually view it as a respectful way to be intimate with her.

Should he really be charged for that?

Submitted by Anonymous (not verified) on Mon, 12/21/2009 - 01:22.

Do you not understand this is about kids being charged. I understand your fear as a parent of ur son or daughter being taken advantage of but what if it's your daughter doing it in her free will with another kid her age? Does that mean they both should be charge for felonys? You really need to understand this article is for kids being charged not adults as you are revering to so please think before you act. It's ironic how a kid has to use that line to an adult when the issue is for kids to use their brains .

Submitted by PeterG (not verified) on Sun, 11/08/2009 - 17:05.

I have never heard such word like sexting so it was really interesting to read about it. Personally I think that this "action" using cell phones is really worthless. It is not a surprise why only young people use it. I would not let my children to do that. Also I think that we should try to do something and do not let that it would existing in our society. But it is only my opinion. Thanks a lot for the interesting information.

Regards,
Peter Giberton from iphone development

Submitted by Anonymous (not verified) on Mon, 10/26/2009 - 19:21.

Sexting shouldn't be as big as a deal as it is. Giving a child a felony for sending pictures or "provocative" text messages to some one should be there choice. Of coarse every parent has the right to monitor there child's text messages, but giving a teenager a felony limits their ability to be something , more. I would say "Phone sex" is the same thing but you do the same thing verbally, but you don't sent pictures as often.

Submitted by Anonymous (not verified) on Mon, 12/07/2009 - 10:04.

do you not realize this is a form of harrassment? a person can be raped and have it on video on someones cell phone and then they send out a broadcast sext... you seem to not be coming from a place of experience but instead you seem quite nieve to what sexting is REALLY about

Submitted by Anonymous (not verified) on Thu, 11/12/2009 - 09:17.

Parents Beware - The LAW does take this as a serious offense. My 17 year old son is facing several felonies because of sexting. He was sending and receiving pics from a few girls, who, by the way lied their ages and said they were also 16 or 17, come to find out they were only 13 and 14. Sure there should be consequences, but to be charged with felonies and possibly have to register as a sex offender and ruin his future life is rediculous. Seeing his was the older party in this, he is the only one getting charged, which also not fair. These laws regarding sexting and the having to register as a sex offender need to be changed for all these teenagers facing this issue. The sex offender registry list was not started to punish teens for being teens. I don't know where to start to help make that happen, btw I live in NYS.

Submitted by Anonymous (not verified) on Sun, 10/18/2009 - 00:21.

No, it should not be a felony for children who view and share pornography on cell phones.
Punish but not disable them. With a felony charge, this brings implications of not getting a job or even voting. They are children - we need to educate them not put them in jail.

Submitted by Anonymous (not verified) on Mon, 10/05/2009 - 12:15.

Well it's better then them doing it with every one and catching an STD

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