Consequences for Sexting

Three Students in Billerica, who were involved in a recent sexting case, will not face child pornography charges, according to an article in the Boston Herald. Instead of being criminally charged in the incident, the one 13 year old student and two 14 year old students will be required to attend cybersafety classes and will have the use of their cell phones restricted over the next 6 months. The boys who forwarded the photo will also perform 50 hours of community service. The students could have faced much more serious child pornography charges under Massachusetts state law.

More and more states are considering passing laws that specifically deal with sexting. A recent article in eSchool News gives examples of what some states are proposing. Vermont has a bill pending in the House that would create an exemption from prosecution for child pornography for 13- to 18-year-olds on either the sending or receiving end of sexting messages, so long as the sender voluntarily transmits an image of himself or herself. Ohio is another state that is working on legislation that would allow for teens caught sexting not to have to register as sex offenders. It is important for kids to understand, however, that even if these laws are put into place, that there are still consequences to their actions. Some of these states are taking away cell phone and internet use from offenders, as well as making them attend sexual harassment classes.

Most experts agree that teens need to be educated about the risks of sexting. The National Center for Missing and Exploited Children have a resource online called Think Before You Post which offers advice on sharing and posting personal information online.

Felicia Vargas and I recently presented to four classes of Middle School students at the McCormick Middle School as a part of their Health and Wellness Day. The main part of the presentation was about cyberbullying, but the organizers of the event asked us to add some information about sexting. So we dedicated the last 15 minutes of the presentation to discussing sexting and its consequences with the students. Most students knew what sexting is, and most admitted that they knew of someone who had sent or received a nude photo of someone on their phone. What a lot of them seemed surprised about were the legal consequences of sexting. We told them that they could get into serious trouble if they participate in this action, including being charged with distribution of child pornography. We also tried to explain that there are also serious emotional consequences to sexting. Unfortunately, a lot of times, the person who takes the photo of themselves doesn't think that it is going to be forwarded on to other people. Children need to understand that once they send a photo out by text, or post it online, that photo can then be passed along to hundreds, thousands, or even millions of other people. We asked students to remember these three important things:

1. Be Smart: Think before you send any pictures out, understand that usually nothing you post is private in cyberspace.
2. Be Strong: Don't give into pressure to do something you are not comfortable with, like sending a nude photo. Don't let your friends give into any pressure.
3. Be Responsible: Don't ask someone to send a nude photo to you and don't forward nude photos to other people if you receive one.