Sexting Could be Illegal

Ignore This and You Might Ruin Your Kid’s Life – Sexting is a Potential Sex Crime A recent study by The National Campaign to Prevent Teen and Unplanned Pregnancy indicates that about 20% of teens (ages 13-19) and an incredible 33% of young adults (ages 20-26) have shared nude or semi-nude pictures of themselves either over mobile phone text messaging or by posting on the internet. Teenage girls are slightly more likely to do this than boys and a very disturbing 11% of the young teen girls (ages 13-16) admitted to sending suggestive photos of themselves. Recent reports from The Nielsen Company and the Pew Research Center show a handful of factors that should be troubling to parents and guardians. These topics are also an opportunity for solution providers. There is an increase in the number of young people that own cell phones, the amount of texting they do, and potentially much more serious the number of teens that participate in “sexting” – the sending of potentially illegal images or text messages from cell phones. Why the fuss and bother? Just innocent fun, adolescents exploring their emerging sexuality? Think again. Sending a sexually explicit picture of someone underage is a sex crime. Young people are being arrested, convicted and having to register as sex offenders. They are gambling with more than emotional distress and humiliation, convictions can trigger a restriction of school activities, such as sports, denial of college admission, and denial of student loan eligibility, and losing jobs. A felony conviction may also affect future employment opportunities, such as those offered in law enforcement and other high-security clearance positions. In other words, ruining their lives over a little “innocent” fun. There isn’t anything innocent about it. Consider that if a young teen sends a sexting photo of themselves – they could be breaking child pornography statues in most states. A conviction in criminal court for “sexting” can result in other serious consequences. In addition to the potential jail sentence and/or fine imposed by the court, they may be required to register with the Sex Offender Registration Board for the next 20 years. Additionally, the criminal court may order the surrender and destruction of the computer or digital devices used. As texting from mobile phones has become an attraction in teen social life, parents, educators and advocates have grown increasingly anxious about the role of cellular phones in the sexual lives of young adults. A new research study from the Pew Research Center’s Internet & American Life Project (pewinternet.org/topics/Teens.aspx) determined that four percent of cell phone using youths ages 12-17 indicate they have transmitted sexually suggestive nude or nearly nude images or videos of themselves to other people via SMS text messages. This practice is commonly known as “sexting” in the current vernacular. Furthermore, 15% say they have received such images of someone they already know via SMS. According to a study from market researchers The Nielsen Company (blog.nielsen.com/nielsenwire/online_mobile/under-aged-texting-usage-and-actual-cost/) American youths transmit an unimaginable average of 10 text messages per hour that they are not in school or sleeping – and probably a lot during their classes too! By studying over than forty thousand monthly US mobile telecom bills, Nielsen found that American teens sent an average of an inconceivable 3,146 text messages each month during Q3 2009. Their younger counterparts – tweenagers – from age 9 to 12 sent about 1,100 texts every month. That equates to four per hour they were in school or not sleeping. In comparison, the average number of monthly texts sent by all cellular users collectively was a little more than five hundred. In the fourth quarter 2009, tweenage users aged nine to twelve increased SMS usage by eight percent just about doubling the quantity of text messages. Pew Research points out that sexting happens usually under one of three different scenarios: The first, exchanges of images just between two romantic partners; the next, lists exchanges between partners that are then shared with other people; followed by, exchanges between people who are not yet in a relationship, but with one person hoping there will be one. Teens were interviewed and gave researchers a variety of explanations surrounding the motivation to participate in sexting. These included the researcher’s interpretation that “…sexually suggestive images had become a form of relationship currency,”; that sexting images “… are shared as a part of or instead of sexual activity,” and that SMS text message sexting is a way of establishing a relationship. Sensitive images are also passed along to friends “… for their entertainment value, as a joke, or for fun.” Teens also described to researchers the peer pressure to share these types of pictures. Not surprisingly the report revealed that teenagers who are more intense users of mobile phones are more likely to to be sent sexually suggestive images. For these young people, the phone has become such a common means for communication and a variety of content that turning it off is nearly unthinkable. The desire for risk-taking and sexual exploration during the teenage years mixed with regular connection via cellular phones and other mobile devices “…creates a ‘perfect storm’ for sexting,” said Pew’s Amanda Lenhart. “Teenagers have always grappled with issues around sex and relationships, but their coming-of-age mistakes and transgressions have never been so easily transmitted and archived for others to see.” Despite some indications that per user usage has peaked (they can’t possibly use them more can they?!?) Nielsen estimates that overall SMS usage will grow as the heavy text messaging population ages and entices the older generations to text with them in order to stay in contact with them. Existing SMS users are expected to continue to text extensively and as tweenagers age they will increase usage. The number of text messages sent per capita has grown every year and should continue. If you’ve got teenagers then in all likelihood not shocked by the usage statistics. But chances are you’re also either in denial that your kids are involved in sexting, or you’re actively seeking solutions to the problem. While parents may be upset that all the texts their teens and tweens are sending are going to break the bank, Nielsen research indicates the average cost of a single text message is only about one penny. The real issue concerning parents is not so much how often teens use their phones but has more to do with how they use their phones, and when they are texting. Sexting is a very complicated issue. Consequently, it is very difficult to provide advice on how best to handle these situations. The National Center For Missing & Exploited Children policy states that there are four roles to every sexting case: someone seen in the image, the individual who took the picture, the distributor(s) of the photo, and the recipient(s) of the picture. In some cases one person may assume more than one of these roles (e.g., a child takes a sexually explicit photo, of herself and sends it to a friend). In other situations, multiple people may take on a single role (e.g., a child takes a sexually explicit picture of himself and sends it to a classmate who then forwards the photo to the entire high school senior class). It is important to consider the intent and motivation of each of the parties in every situation. The National Center For Missing & Exploited Children advocates parents monitor cell phone use. A practical technological solution available for parents and guardians to find out what their teens are doing is mobile monitoring technology. Sexting can be against the law. Parents have responsibility to stop it. Especially when low cost solutions can be ordered online.