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Sexting in the USA
Nancy V. Gifford
Sexting in the Context of the Three Forms of Online Safety
During the past year, some have questioned whether sexting is a serious issue for the public to focus on. To put this question in perspective, it is helpful to examine sexting in the context of the three forms of online safety identified by Anne Collier of Netfamilynews.org. The first form of online safety is physical. In the vast majority of sexting cases, the minor consented to the photography being taken, so the potential physical harm to the minor is assessed from the point that the image is posted or shared on line. The minor’s physical safety can be at risk because the image can become a source of bullying from peers. In an extreme case, the bullying can lead to tragic consequences, as in the case of an 18-year-old Ohio teen who sent nude pictures of herself to her boyfriend. After they broke up, he forwarded the pictures to hundreds of other high school girls. She was harassed relentlessly and hung herself in her closet.
The second form of online safety is psychological. As noted above, the teens involved in sexting can become targets for bullies, rumors and harassment, which can affect the emotional and social health of a child. In addition, sexting may also profoundly affect the emotional and psychological development of a child. Trust is broken when an image is forwarded without the creator’s consent, such as when a boyfriend forwards images that are intended to be private. The result can be psychologically devastating. In rare instances, a child who sends a sext can become a victim of psychological and physical abuse. An 18-year-old from Wisconsin was charged with numerous crimes, including child enticement, sexual assault of a child, possession of child pornography and making a bomb threat when he allegedly used a social networking site to create a false identity. Posing as a girl, he offered to send a nude photograph of “herself” in exchange for nude photographs of the boys. In this manner, he obtained more than 30 nude photographs and videos of his male classmates. Upon receipt of the images, he blackmailed the classmates with the threat of publishing them online. At least seven of the minors were coerced into performing sexual acts. The third and final factor in assessing online safety is reputational and legal harm. Once an image is sent to another cellular phone or posted online, it cannot be retrieved. As a result, the digital age has changed what might have been a forgotten youthful indiscretion and turned it into a public, distributable and permanent part of the teenager’s life. Among the potential short term and long term consequences of having an image posted online or forwarding the images of other teens are school discipline, loss of scholarships, college admissions, employment opportunities and criminal charges for possessing, producing or transmitting the sexted image. Sexting Cases
Historically, a teen who took sexually explicit photographs of themselves had to develop the film at a lab and distribution was limited by the number of copies made from the negative. The digital age has lifted any restriction on distribution. Now a camera-phone and Internet connection are enough to send the image around the world in an instant, whether or not the sender intended it to reach that far. In an effort to address the growing number of sexted images being transferred, child pornography prosecutions have been initiated in numerous states.
The use of the criminal justice system to deal with sexting among teens has been sharply criticized. In particular, critics note that the child pornography laws were drafted with the intent to protect minors from sexual abuse committed by adults. Law enforcement’s reaction effectively turns victims into perpetrators. When the minor creates the image, it turns the child pornography statute “on its head.” One indication that the criminal justice system may be ill-equipped to handle the sexting cases is revealed by examining the wide variety in how teen sexting cases are handled within and among states. A review of cases in the United States shows that there is little consistency in who is charged, what criminal charges are filed and the sentence imposed. Individuals who have been charged include the creators of the images (the minor who took sexually explicit photos of the themselves), the senders (the individuals who sent the images to others or uploaded the images to the Internet, regardless of whether the minor in the photo consented), recipients (the individuals who received the images on their cell phone or computer, regardless of whether it was solicited) and savers (individuals who received the images and saved them on their mobile device or computer). Depending on the jurisdiction, sexting can be considered a felony, a misdemeanor or an act exempt from criminal prosecution. Read complete article on “Sexting in the USA” at FOSI.ORG Tips to Prevent Sexting
It's illegal: Don't take or send nude or sexually suggestive photos of yourself or anyone else (that could be considered distribution of child pornography), it's a federal felony.
Non-legal consequences: Then there's the emotional (and reputation) damage that can come from having intimate photos of yourself go to a friend who can become an ex-friend and send it to everyone you know. Not only can they be sent around; they can be distributed and archived online for people to search for pretty much forever. Sexting Types: Primarily between cell phones, sexting can be done on any media-sharing device or technology - including email and the Web. Parents: Talk with your kids about sexting in a relaxed setting. Express how you feel in a conversational, non-confrontational way, helping your kids understand how to minimize legal, social and reputation risks.
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