‘Sexting’ a Favorite Among Tweens
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The trend of sexting (sending sexually explicit pictures and texts over cell phones) has opened up a whole new debate on what the legal consequences should be for those participating. Many experts feel that child-pornography laws intended to protect children should not be used to prosecute and then label children as sex offenders. Most experts stress that we must understand both the tech savvy teen and acknowledge his or her gullibility.
Prosecutors nationwide have been cracking down heavily on the process of sending revealing photographs of teenagers through cell phones and e-mail. The bottom line is that sexting can have some pretty severe consequences. If the photographs are of a minor, owners can be charged with possession and distribution of child pornography, which is a felony in most states. If they are convicted, they would face years in jail and would have to register as a sex offender.
But it is important to note that even teens who have not been charged after sexting are finding unwelcome consequences. While most intend their pictures for certain recipients only, frequently, their explicit images are being forwarded to others and even posted on the Web. Some kids have lost scholarships and jobs because naked photos of them have appeared online. And it is important to stress to your teen that once an image has been posted, it can remain on the Internet indefinitely or continue to be circulated among strangers for years. A recent study among teens showed that forty-four percent of teens said it was common for explicit images and sexual messages to be shared beyond the intended recipient.
Teens often fail to understand that there are several ways to be indicted for sexting. If you are the subject of the photo, distribute the photo or innocently receive the photo or text in any of these circumstances you can be charged with a child pornography charge. Right now the law does not distinguish between the intent of child pornography and sexting. Child pornography laws exist for a reason. However there’s a moral difference between a pedophile taking a picture of an eight-year-old against her will and posting it on the Internet and a seventeen-year-old taking a picture of her body and sending it to her boyfriend. Child pornography law is intended to prevent the exploitation of children (it’s intended to prevent other people from taking nude photographs of children for their own sexual or monetary gain). Sexting does not fall into this category.
Parents and educators must work together on a prevention effort. Parents should make their expectations clear to their children or teens that have a cell phone and computer access. Do not assume that your child would not sext or knows that you do not want him or her to participate. Explicitly outline the rules of behavior that you expect in regards to the use of their cell phone and attach consequences should you find that the behaviors you expect have not been followed. Let your teen know that you are paying for their cell phone so that gives you the right to examine their cell phone records (and computer records as well). Most teens, when understanding they have boundaries, will not cross them.
When teens are convicted of sexting hopefully parents and schools will enact the appropriate punishments. But instead of prosecuting these children as sexual predators why not have them work on changing the behavior? Attending classes that teach about respect and sexual harassment could be beneficial. Having them work off hours on community service could go a long way toward discouraging this type of behavior. Even having these teens speak out about the legal ramification of sexting to other teens could go a long way toward ending this destructive trend.
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January 19th, 2009 at 6:23 am
Im the mother of one of the boys being charged for sexting in greensburg pa. my son goes to greensburg salem high school. first thing i need to clear up is that my son wasnt the boy friend. he didnt even know the girl ! another boy sent the pic to him ! (the whole school had the pics on there phone ) a couple months ago. 3 girls (ages 13 and 14)took naked pics of there self and sent it to some boys. the boys sent the pics all over the school. my son received the pics from another boy that had received it. my sons phone was taken during school for texting. the principle went through the phone and found the pics and turned the phone in along with over 20 others with the same pics. the district Attn. decided to press charge on 6 kids. the 3 girls who took the pics of there self. and 3 boys. my son being one of them. my son did nothing wrong. the police said that ,they had to charge him cause the pic was saved not deleted he also said that my son could have had sex with the girls and that would have been OK .but its not OK to have naked pics of them.. there charging my son with 3 counts of SEXUAL ABUSE OF CHILDREN . THIS MEANS HE COULD BE ON MEGANS LAW FOR THE REST OF HIS LIFE. ALL FOR HAVING A PIC ON HIS PHONE OF A GIRL HE DOESN’T KNOW. these are good kids that made a mistakes. what the girls did was wrong, but haven’t they paid enough ? don’t make them pay anymore. so what im trying to do is get the word out so people can see what is happening and how serious sexty is.these kids need are help.what they did was wrong, but there not sex offenders !People don’t realize that this can happen to anyone. what if someone would send you a txt joke, you opened it and there was a joke with a pic of a half naked person . you save it or you just don’t take the time to delete the pic. later someone finds it on your phone and it ends up that the person in the pic is 17 years old. YOUR GOING TO JAIL FOR SEXUAL ABUSE OF CHILDREN ! this isn’t just about the kids its about all of us. Please help these kids . HELP ME CHANGE THE LAW TO FIT THIS CRIME! SO THAT OTHER KIDS DON’T HAVE THERE LIEFS RUINED (sorry about the grammar and spelling) One more thing that i would like to add. for all the people out ther who are saying that its the parents fault, your wrong! im sick of everyone blaming me. my son is going to be 17. i cant watch him 24/7 !