Technology usually outpaces the law, and the phenomenon known as "sexting" is no exception. The story of a 16-year-old Plainview girl (Fox Chicago) who sent a naked picture of herself to a male acquaintence, only to have it broadcast to more than 600 classmates, illustrates the difficulty of handling such cases.
Sexting is popular among hormone-addled teenagers who usually don't mean any harm. One in five teenagers (or 20 percent) admits to have engaged in sexting, according to a survey(PDF) by The National Campaign to Prevent Teen and Unplanned Pregnancy.
That said, offenders can face felony charges of distributing child pornography, depending on the situation. Adult men convicted of child pornography-related crimes often get 20 or so years in prison, but that's something entirely different.
Isn't it?
That's what prosecutors, judges and lawmakers have been grappling with ever since camera phones became ubiquitous in the hands of adolescents.
Six Pennsylvania high school students were arrested on sexting-related child pornography charges (Times UK) nearly a year ago. Three girls were charged with manufacturing, disseminating or possessing child pornography (they took pictures of themselves), while three boys who had the pictures on their phones were charged with possession of child pornography.
There are similar cases of possession all over the country, even though it could be argued that they never asked for the images to be sent to them. It's not clear how Illinois would treat minors but a conviction might also require registration as sex offender, which seems like an absurdly heavy burden to carry for a sexting mistake. But the Will County State's Attorney's office has typically handled these types of cases through juvenile probation.
But if prosecutors chose to get tough instead, about half the students at Plainfield East High School could be arrested and charged for the possession of child pornography (even though they themselves are children). Who knows, this case (which likely won't get that far) could inspire a few Illinois criminal defense attorneys to help these teenagers pro bono.
Sexting can have unintended consequences and ruin a teenager's reputation, but surely there's a better way to handle it from a law enforcement perspective.
- Sexting: Criminal Teen Trend
- What is "Sexting?"
-
"Sexting" Shockingly Common Among Teens (CBS)
- Need a Chicago Criminal Attorney?
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