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Sexting: Schools, Legislators Debate Punishments For Offenders

Sexting

First Posted: 02/09/11 09:48 PM ET Updated: 05/25/11 07:30 PM ET

Sending provocative or explicit messages and photos over cell phones and computers has become increasingly popular among American teenagers in recent years.

The popularity of sexting has sent parents, school officials and legislators scrambling to figure out how to address the issue.

According to a national survey by the National Campaign to Prevent Teen and Unplanned Pregnancy, 39 percent of all teens admitted to sending sexually suggestive messages over the Internet or on cell phones. A further 20 percent of teens said they had sent or posted nude or partially nude images or videos of themselves.

It's become obvious that sexting won't go away over night. The question remains: is it parents, schools or law enforcement's job to intervene?

Schools Lead The Charge

In some school districts, such as Kelso, Wash., sexting policies have recently been put in place to deter students and catch perpetrators.

KATU News reports the Kelso School Board voted Monday, Feb. 7, to allow school officials to confiscate cell phones from any student suspected of sexting. The device is then searched for evidence of inappropriate messages and photos.

Students caught engaging in sexting could face suspension or expulsion. The American Civil Liberties Union has objected to the policy, claiming it infringes on individual privacy rights.

The New York Department of Education has also moved to ban sexting. The rules would mean 90-day suspensions for students caught sexting. Students could get in trouble not just for messages sent during school, but at home as well.

States Move To Criminalize Sexting

Across the country, many legislators have recently passed, or are in the process of passing, state laws that criminalize sexting.

Before there were official sexting laws, young people caught distributing sexually explicit photos of themselves or others were sometimes charged with felony penalties for child pornography. The felony can carry punishments such as jail time, steep fines and induction into the sex offender registry.

While lawmakers are suggesting that sexting should be classified as an illegal act, most are looking to divert young people into educational programs instead of overloading the juvenile justice system.

In New Jersey, Assemblywoman Pam Lampitt introduced a bill last year that would let first time offenders take an informative course in lieu of harsher punishments.

According to the AP:

The legislation requires the attorney general's office to create a program to teach teens about the criminal penalties and social consequences of sending or receiving nude or seminude images through cell phones or computers. The educational components would include lessons on how the uniqueness of the Internet can produce long-term and unforeseen consequences after photographs are posted and the connection between cyber-bullying and the posting of sexual images.

This week, Texas State Senator Kirk Watson brought a similar bill to the legislature in his home state -- with one caveat: parents would also be forced to attend the educational seminars along with their child.

According to the Houston Chronicle, being charged with sexting could carry a Class C misdemeanor, for which the youth and a parent would have attend classes about the potential harm caused by sexting.

The policy would make parents assume greater responsibility for their child's actions, while learning about sexting themselves.

POLL:

Quick Poll

What should be done about teen sexting?

Legislate, legislate, legislate!

Schools need to step it up.

Parents should talk to their kids about sexting.

Nothing! We've got bigger problems than horny teenagers.

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Sending provocative or explicit messages and photos over cell phones and computers has become increasingly popular among American teenagers in recent years. The popularity of sexting has sent parents...
Sending provocative or explicit messages and photos over cell phones and computers has become increasingly popular among American teenagers in recent years. The popularity of sexting has sent parents...
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11:06 AM on 03/21/2011
As a retired high school teacher, I do not believe that punishing sexting teens is the answer. These young people are seriously misguided. They really need counseling, not suspensions.
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HUFFPOST SUPER USER
Oceras
A little inductive reasoning is a dangerous thing.
12:53 AM on 02/14/2011
Why should students be allowed mobile phones in school? They are a distraction from studies. They should be kept in the students' lockers during the hours of operation of the school, with appropriate penalties for violation. If there is an emergency, a message is better sent to the principal's office anyway. Parent's should control the hours of use of cell phones like many do of televisions and ipods. Children whose judgment part of the brain doesn't finish developing until the age of 24, have no business having such leeway distractions. These devices are more attractive than study or homework. I have no evidence for this, but I will hypothesize that part of the reason education today is doing so badly is the prevalence of permitted distractions. In my small city I'm shocked seeing students on the streets during school hours. Being required to stay in school during school hours is part of learning educational discipline. So many people want children, and then, when they get them, they have little clue about raising them properly. Junior high schools and high schools should teach the realities about raising children.

sincerely,

your friendly curmudgeon
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HUFFPOST SUPER USER
DevonTexas
Eternal Optimism
08:33 PM on 02/12/2011
When I discovered my son getting pics from girls (usually topless), I made the point to him that sending a pic is a fundamentally bad idea since, once sent, it goes out of his control and could be seen by anyone. His response. "I know. Aren't these girls crazy? I wouldn't have anything to do with a girl that sexts me."
HUFFPOST SUPER USER
colred
09:40 AM on 02/12/2011
The couple of times I've known about sexting at my school, it was girls who sent pictures to old boyfriends they were mad at. Then the girls threatened to tell the police regarding the message. The one boy was very cool about it. He told her that if she did, he would post the picture on line. If he was going to get in trouble anyway, he might as well do that. She backed off.

My point is that criminalizing this opens both parties to problems and allows a new one to pop up, blackmail.
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HUFFPOST SUPER USER
DevonTexas
Eternal Optimism
08:36 PM on 02/12/2011
good point! Getting all "legal" about sexting isn't going to solve anything and could end up prosecuting the wrong people. They are kids. They are ignorant of the implications of their sexting. We should be informing them, not arresting and prosecuting them.
HUFFPOST SUPER USER
Stephen Anderson
12:27 PM on 02/18/2011
Child porn is a crime.
HUFFPOST SUPER USER
colred
08:24 PM on 02/18/2011
Yes, it is. It is a federal crime to view any underage sexual image--just view it. So the young men are guilty by opening a text message from someone they know. That is my point. The girls know that and attempt to bully them with the criminal act that the boys unknowingly engage in. This needs education, not criminalization, at that age. The girls are angry and immature and the boys are being victimized by that. Education not life ruining criminalization.
03:58 PM on 02/11/2011
I hate to say this but I do not think there should be any laws created to make this illegal. Nor do I think that this should be prosecuted under child pornography laws, it is clearly not what those laws were designed for. If children choose to do this, it is not the school's responsibility to police it and it is not the police's job unless it crosses into the child porn area. It is a parental matter. I understand the need to do something but sometimes you have to step back and do what you can outside of sending people to jail.
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12:13 PM on 02/11/2011
it seems Huff Post users are not as bright as my high school students. 61% of Huff Posters don't believe that the parents have the primary responsibility, whereas 53.3% of my students think that the parents do....
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HUFFPOST SUPER USER
wakawaka09
capitalism is a cult
07:56 AM on 02/11/2011
My eldest photocopied his butt a few years back and showed the pictures to his brother, a couple of his friends and then to my wife and I. My wife and I found it hilarious. I guess we were wrong. Looks like our eight year old was guilty of manufacturing and distributing child pornography. I'll sit him down tonight and break the news to him.
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01:55 PM on 02/11/2011
please tell me the photcopy machine was in your home.
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HUFFPOST SUPER USER
wakawaka09
capitalism is a cult
05:05 PM on 02/11/2011
Too funny and yes, the Lexmark copier/fax/printer was then and still remains in the basement office.
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HUFFPOST SUPER USER
wakawaka09
capitalism is a cult
07:45 AM on 02/11/2011
I absolutely hate the human race.
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HUFFPOST SUPER USER
Oceras
A little inductive reasoning is a dangerous thing.
12:55 AM on 02/14/2011
If you are seriously depressed you need to seek help NOW. Don't wait until tomorrow.
06:25 AM on 02/11/2011
I don't understand why people are freaking out about this so much. This seems like one of the only ways for teens to explore their sexuality without risk of stds or pregnancy. It's a victimless crime that's only becoming more illegal due to people with up-tight morals. I'm not sure if this still applies, but i've heard that possession of an inappropriate picture of yourself is also considered child porn.
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12:15 PM on 02/11/2011
so you are ok with a teen sexting a picture to an adult who can be arrested for having it on their phone or computer?

also, my students have informed me that sexting is being also used as a bullying tactic, as pictures and texts are forwarded...
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Kalie
Left of Center
01:12 PM on 02/11/2011
People were very much able to explore their sexuality before sexting. Teens/everyone needs to understand that naked pictures, once on a phone or internet, last forever and usually get in the hands of those you dont want to have it. Its almost a given. Just dont do it. It can ruin lives.
03:32 AM on 02/11/2011
Let's criminalize sexting because there isn't anything else for the teenagers of America to be put in jail for. Then lets move to label these kids as "sex offenders" and completely erase all of their chances at a normal future all because some people are uncomfortable with "sexting".

Schools and governments need to stay out. This is purely a parental concern.
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12:17 PM on 02/11/2011
i agree that gov and schools should not be given primary responsibility......

but 61% of huff posters do not feel parents should be primary guardian of the standard...
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HUFFPOST SUPER USER
wakawaka09
capitalism is a cult
05:06 PM on 02/11/2011
Sez who dean?
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HUFFPOST SUPER USER
nrrork
10:23 PM on 02/10/2011
Pardon me for a moment, I have to go scream at the top of my lungs until I'm hoarse. I'll have to do into a pillow lest I freak out the neighbors.

And I'm not exaggerating. I'm having a hard time putting my anger over this one into words. An old-fashioned, primal, blood-curdling scream seems like the only way I can express how I feel about this one.

WHAT ARE WE DOING TO OUR CHILDREN? Let me repeat the word: CHILDREN! These are just kids, they are not grown up yet, they're still immature. And there's this movement to brutally criminalize so many things that they're only doing because they're young and immature.

We treat them all like like they could snap at any minute and become hardened criminals, we scrutinize their every movement, we drug them, we turn their schools into jails, we criminalize things that in the past were handled by the Principal or the parents. That's a self-fulfilling prophecy. We treat them like smoldering powderkegs ready to blow, and that's what they become!
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Kalie
Left of Center
01:14 PM on 02/11/2011
You are right.. Ive had it with the Nazi public school system and the fact that kids have to mess up one time, and they are out. Its BS. Hardened criminals get three strikes.
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f0rTyLeGz
Everything is falling.
06:36 PM on 02/11/2011
But what if? ... ... ... and then what about better safe than sorry?
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GlennWatson
Two million fans
09:55 PM on 02/10/2011
This is a great idea because as a teacher I often run out of work.

Checking phones for sexual messages is just how I would like to fill the time between, lecturing, calling parents, running clubs, classwork, cleaning the room, grading and testing.

Give me more work.

Why not get me one of those large magnifying glasses and checkered hat with a cape so I can dress like a detective and follow kids home looking for clues about their illicit activities.

Maybe I could mow their lawn. I mean I have all this free time.
09:38 PM on 02/10/2011
Oh yes, lets "fix" a problem by punishing those who engage in victimless crimes after the fact, in other words: fix the effect, not the cause. It will never be successful.

Anyone here ever watch TV? Sex is referenced nearly every single advertisement and is propagated to teens to sell products everyday, you can't even avoid it if you tried. Maybe these "parents" could research a little bit about child psychology and advertisements. Also, they might want to read a quick wiki on the word: HORMONE.
09:33 PM on 02/10/2011
If you give teenagers phones with cameras on them, they'll send naked pictures to each other. They're teenagers and are exploring their sexuality, largely in a complete vacuum because society just can't let go of the institutionalized ABSENCE of practical sex education.

We will never control the teenage sex drive with laws. Period. Anyone fool enough to think otherwise hasn't been properly laid in far too long.

Educate them. Actually TEACH them about sexuality, instead of leaving them to learn from the internet because you're too intimidated (by the most natural act of our human existence) to talk about it. Prohibitionism won't work any better with sexting than it does with alcohol, because it's just another societal hypocrisy.

"Don't do this, kids...this is BAD. We'll put you in jail and stuff. When you're a little older it's OK, but not NOW. When you turn 18 you go through a magical transformation and suddenly naked pictures are OK. When you're 21 booze is magically OK." We prohibit instead of teaching. We say, "It's OK, just not for YOU."

This is simply a continuation of an old legal hypocrisy. In most states the age of sexual consent is 16, yet if a 16-year-old takes a picture of themselves having sex they're producing child pornography and can be charged with a felony. To this date no one has offered me even a half-baked explanation as to how it can be illegal to photograph an illegal act.
09:26 PM on 02/10/2011
No, no, no. Only the medium has changed. This is no different than the goofy notes we used to pass in class that had the same ridiculous messages *drawn* or spelled out on them. This is graffiti on the bathroom stalls. These are "love letters" between girl-boyfriends. Teach the children better behavior. You can not criminalize "sexting". This is a bunch of foolishness.