May 20, 2009
/24-7PressRelease/ -- Sexting: Criminal Teen Trend
Article provided by Law Offices of Kerry L. Armstrong, APLC
Visit us at
www.klacriminaldefense.com/
For many teens and tweens, texting is a major part of every day communication with their friends. Flirtation is also a major part of teen life. When flirtation and technology combine, a new phenomenon is created: "sexting."
What is Sexting?
Sexting can be categorized as sexually explicit language, semi-nude or nude pictures sent via cell phone. Once received by the intended recipient, the pictures can be sent to other cell phones, causing embarrassment to the individual depicted in the image. However, emotional humiliation and social ostracism are only the tip of the iceberg. It only takes one person to place an inappropriate imagine on the Internet. Once online, that image can go anywhere, to anyone's computer, for an indeterminate amount of time. This may lead to legal implications for the individual who created the picture or message, the persons who received them and any other individuals who may have sent the message or image to others. Sexters may be held legally accountable for a variety of criminal offenses based on federal and state laws.
Sexting is a Criminal Offense
Sexters may be in violation of state and federal child pornography and exploitation laws, including manufacturing, distribution and possession of child pornography or exploitation of a minor. If convicted, sexters may face time behind bars and become legally required to register as sex offenders with their states' sex-offender registries.
Under federal law, persons convicted of child pornography or exploitation may face a minimum sentence of five years in prison. However, a maximum prison sentence could be up to 20 years. A sexually explicit image sent on a cell phone is also a criminal offence punishable by California law. If convicted under California's Penal Code 311.11, an individual may face a prison sentence of up to three years, as well as a fine of up to $2,500.
A convicted individual may also be faced with a lifetime duty to register as a sex offender. Under California's Sex Offender Registry Act, every person convicted of a sex crime (including child pornography or child exploitation) that lives, works or goes to school in CA, must register as a sex offender with local law enforcement. Registration information, including the offender's identity, may be distributed to law enforcement, campus personal and employers.
Child Predators
Another disturbing issue sexting minors face is the danger of child predators; by creating and sending cell-phone images teens can open themselves up to predators. Once a picture is sent via cell phone, that image is in cyberspace. It is very easy for child predators to find those pictures, save them to their computers, and distribute or sell them. Sending a picture to a friend may seem like an innocent joke, but it can end up anywhere and in very dangerous hands.
Conclusion
It is important for teens to remember that once they hit the send button, it cannot be undone. That message or image is out there on the Internet, possibly forever, and anyone may be able to see it. This may have a negative affect on a person's life for years, even into adulthood. Inappropriate images may affect collage acceptance or employment opportunities. If a sexter is convicted of pornography, the effect will be even more severe.
If your child has been sexting, or you are an underage sexter, it is important to protect yourself and your rights. Consult with an attorney in your area to learn about laws and penalties that may have an impact on you or your child. An attorney will be able to answer your questions, explain your legal options and help you determine the best defense to protect your future.
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