“Sexting” Balancing the Law, Teens and Technology.
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Transcript of “Sexting” Balancing the Law, Teens and Technology.
Contact Information
• Chris Lobanov-Rostovsky, SOMB
[email protected]• Scott Hefty, City of Lakewood
So What is “Sexting” Anyways?
“Sexting” is the sending of nude or sexually suggestive pictures by
electronic means (i.e. cell phone or other electronic devices) to
another person.
Sending sexual images of minors (under the age of 18), even of yourself, is against the law. Teens who exchange sexually explicit photos of themselves via cell phone or other electronic device can be and have been charged and adjudicated for Sexual Exploitation of a Child, which requires registration as a sexual offender in Colorado.
The original intent of the Sexual Exploitation of a Child law, which fits the facts of most of these “sexting” cases, was written to charge adult sexual offenders with the exploitation of a child victim.
But in the brave new world of camera/video cell phones and other amazing technology, some teenagers have started “sexting” and while most teens know that “sexting” can have serious negative social and legal consequences, most do not think it is a big deal. But it is!
16 year old girl
Production of Child
Pornography (F3)
Distribution of Child Pornography
(F3)
Possession of Child
Pornography (F6)
Possession (F6) Possession (F6)
Dis
trib
utio
n
Legal Consequences
The Outcome
Phillip is now a Registered Sex
Offender and his registration information
is posted on the internet.
Some of the Consequences for a Sex Offense
Adjudication
What does it mean to be a Registered Sex
Offender?
• The Juvenile shall submit to any program for psychological or physiological assessment
• No contact with children three or more years younger than themselves
• No internet or cell phone use
• Mandatory disclosure to any potential dating partner / Mandatory disclosure to your employer
• Genetic Marker Testing
• In Colorado there are over 37 special Terms and Conditions for registered juvenile sex offenders
• Registration as a sex offender for a minimum of 2 years to life
Here are some ways!I already said no
Hold on, let me ask my
mom
I’m
worried
they’ll get
passed
around
schoolI’m camera shy
Sorry, my webcam is
broken
Differences Between Sexting and Voyeurism
• Voyeurism involves viewing or taking a picture of another unknowingly
• Sexting involves an individual taking their own picture and sending it to another person or posting to a website
• Voyeurism dynamics are more consistent with other forms of sexual offending, while the sender of the sexting may not have these characteristics
Sexting Dynamics to be assessed for the producer
(picture taker) • Motivation for taking the picture and sending it (e.g.
relationship factors)• Level of pressure applied to the picture taker to take
and send picture• Age, and power differences between the parties
involved• Issues of need for peer acceptance and self-esteem• Response to the distribution of the picture (e.g.
suicide threats, self-harm, depression, social isolation, etc.)
Sexting Dynamics to be assessed for the distributer
• History of prior sexual offenses, whether charged or uncharged
• Use of force, threats, coercion, or illicit substances to obtain the photos
• History of prior non-sexual offense history• Age, and power differences between the parties
involved• Emotional motivation for distribution (e.g. anger)
Sexting Dynamics to be assessed for the end receiver of
the picture • What did the receiver do with the picture? (e.g.
keep it, show it, send it)• History of prior sexual offenses, whether
charged or uncharged• History of prior non-sexual offense history• Disclosure of picture (e.g. authority, peers,
parents, etc.)
Victim Resources
Each jurisdiction has community-based victim service providers, which may be accessed through COVA or CCASA
Impact of and Resources for Bullying
Social consequences (e.g. future employment, school attendance, ostracization)
Research on cyber-bullying has found that students involved are more likely to:• Be unwilling to attend school• Receive poor grades• Have lower self-esteem• Have more health problems
Alternatives to Retaliation/Distributing the Picture
• Think of the consequences; Talk to someone in authority or a trusted peer; Take a time out; Express your feelings appropriately
• Consider how you would feel if
it was a picture of you.• Think before you Act• Identify possible solutions• Stick with 'I' statements
What to do if you are aware of sexting?
• Talk to a parent or authority figure• Don’t encourage or support peer pressure,
or the behavior• Recognize the negative impact of sexting
on the picture taker, and encourage her/him to obtain support and help
• Add others