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Table 1 Examples Illustrating Content of Statutes Addressing Sexting and Minors Many statutes specify sexting as a misdemeanor, create educational or diversion programs, or institute civil fines as punishment. Legislation proposed in Indiana sought to treat those under age 22 more leniently if the images are maintained only on a cellular telephone or social media website as opposed to postings on other locations on the internet.

Georgia made it a misdemeanor for someone at least 14 years old to send a sexually explicit photograph to someone 18 years old or younger, if the purpose of distributing it was not for harassing, intimidating, or embarrassing the minor depicted, or for any commercial purpose. Before this change, minors could be convicted of felony sexual exploitation of children.

South Dakota enacted legislation in , establishing the definition of sexting and declaring it a misdemeanor: No minor may intentionally create, produce, distribute, present, transmit, post, exchange, disseminate, or possess, through any computer or digital media, any photograph or digitized image or any visual depiction of a minor in any condition of nudity, or involved in any prohibited sexual act.

Any violation of this section constitutes the offense of juvenile sexting, which is a Class 1 misdemeanor [Ref. She also emphasized the role of child psychologists and psychiatrists in educating teenagers and their families.

Another author, writing for The Journal of Contemporary Health Law and Policy, proposed using parents and schools in addition to the legal system in attempts to deter and punish juveniles engaged in sexting. The suggested approach would also allow for schools to conduct investigations, with punishments ranging from behavioral interventions to expulsion.

A search on June 15, returned 75 results. This search engine provides content from primary law, legal news sources, treatises, jury verdicts, briefs, pleadings, motions, and expert witness transcripts and depositions.

The number of results most likely demonstrates the relatively low number of cases involving sexting that have reached the appeals level. It is also possible that there are cases involving this subject matter that did not use the word sexting and would not have been included in the search results. The number of cases to reach appeal has been growing rapidly, likely reflective of the increasing number of cases being prosecuted in this area.

The first 2 cases were from Eight cases were from , 10 from , 22 from , and 20 from Between December 1, , and February 15, , 5 cases were added to Lexis Advance, and between February 15 and June 15, , another 12 cases were added.

The results on Lexis Advance include some cases that have various opinions or appeals related to the same case. There were several cases where the focus was not on sexting, but the term sexting was used in the opinion.

Approximately 20 cases involved sexting between an adult and a minor. Most of the cases did not fit the criteria of being exclusively between minors. This analysis focuses on the cases involving only juveniles. A comparison is made with 2 cases involving year-old defendants. In some cases, juvenile defendants and their attorneys attempted to have charges dismissed because state statutes are unconstitutionally vague when applied to sexting or when applied to juveniles.

A case in Pennsylvania decided on October 19, , illustrates this approach. The minor and an unknown number of other people received a text message with recordings of the consensual sexual acts of two other minors, aged 16 and 17, and further disseminated the recording.

The court reasoned that a teenager of ordinary intelligence would understand that the possession of child pornography is illegal.

Teenagers would understand that laws were enacted to protect children, prevent abuse and exploitation, and stop the production and supply of child pornography. Writing for the court, Judge Steinberg noted: Those same teenagers, unless prosecuted, would be clueless that their conduct falls within the parameters of the Sexual Abuse of Children statute.

Not only is sexting prevalent in their world, but it is doubtful they would connect sexting with the sexual exploitation of children [Ref. The court further reasoned: Pursuing child pornography charges against teenagers encourages arbitrary and erratic arrests and convictions, which is one of the concerns addressed by the void for vagueness doctrine…. The sexual abuse of a child is a most serious crime and an act repugnant to the moral instincts of a decent people.

However, placing sexting on the same crime scale as child pornography is an overreaction by law enforcement…. Teenagers who engage in sexting should not face the same legal and moral condemnation [Ref. By contrast, an appeals court in Ohio in denied the claim that statutes are vague and charges should be dropped. The court of appeals held that the court did not err in overruling defendant's motion to dismiss.

They stated that, as applied to juveniles, the statute was not unconstitutionally vague. The court believed that the statute provided clear guidelines on the type of activity that is against the law. The statute did not make a distinction between adult offenders and juvenile offenders.

The statute held offenders strictly liable for their actions, regardless of age. It did not distinguish between consensual and nonconsensual sexting. The defendant filed a motion to dismiss, which was denied. The defendant then entered a no-contest plea. She was sentenced to 30 days in detention, but the sentence was suspended. She was ordered to complete 16 hours of community service, to attend an educational program on sexting, and to write an essay.

She was also banned from using a cellular telephone for six months. Other related cases have made the news in recent years, and those that receive the most press are often the most tragic. One such case involved Jessica Logan, a high school senior in Ohio, who sent a nude self-image to her boyfriend. Miss Logan was then harassed at school, by being called names by a group of younger female students. In May , she went to school counselors and her school resource officer, a City of Montgomery Police Officer, to ask for help.

The officer asked the girls who were distributing her photograph to delete it from their phones. No legal charges were brought. Miss Logan recounted her story on the local NBC television affiliate in Cincinnati to help educate other teens about the risks of sexting. Despite the fact she appeared in shadow with her voice disguised, the bullying and name-calling at her school worsened.

In July , Miss Logan killed herself. Although no criminal charges were brought in this case, Miss Logan's parents brought civil suits against the school, the resource officer, the ex-boyfriend, and the students involved in disseminating the nude photo. The teenagers involved in the case have settled with Miss Logan's parents out of court.

The school resource officer was granted summary judgment, and the case was dismissed because of qualified immunity. Another young girl obtained the image and sent it to students in six other schools. On September 12, , Miss Witsell hanged herself in her bedroom. Even after Miss Witsell's death, the bullying and insults continued on her Facebook and MySpace pages. No legal charges were brought against the students involved in disseminating the photograph or in the bullying that preceded Miss Witsell's suicide.

Her parents tried unsuccessfully to file a wrongful death lawsuit against the school board; the charges were dismissed. Some sexting cases have led to the bringing of felony charges against middle school students. In , two year-old eighth graders in Olympia, Washington, were flirting by text message when the girl took a naked self-image and texted it to the boy. The girl forwarded it to everyone in her contact list. Another student, a year-old girl, forwarded the image to all of her contacts as well.

The photograph was sent to students in four surrounding school districts. Angry and concerned parents alerted school officials, the police became involved, and after a thorough investigation, the girl was considered the victim of the scandal. The boy and the two girls who had initially forwarded the image were formally charged with dissemination of child pornography, a Class C felony.

Lawyers for the three teenagers reached an agreement in which the charges were reduced from a child pornography felony to a misdemeanor of telephone harassment. A review of available cases on Lexis Advance and stories published by news agencies concerning cases of minors sexting other minors identified no cases where a person under the age of 18 was required to register as a sex offender, unless that person was also convicted of other charges such as rape or sexual assault.

Results of the survey of state prosecutors who handled juvenile sexting cases reported that 16 percent had handled a case that ended in juvenile sex offender registration. There are several cases where felony charges were initially filed and could have lead to sex offender registration but the charges were dismissed or reduced during the course of legal proceedings.

These young adults were often sentenced to sex offender registration for 20 or 30 years, in addition to other penalties. In Iowa, an year-old was convicted of knowingly disseminating obscene material to a minor. In another case, an year-old forwarded nude images of his year-old girlfriend to more than 70 people in the context of a fight with her. He pleaded no contest and was ordered to register as a sex offender in Florida until age 43 and to attend sex offender treatment classes.

The media reported that, as a result, he was expelled from college, could not find employment, and could not live with his father because the house is too close to a high school.

Snapchat is probably the best known and most widely used application for this purpose. An image or text message can be created and sent quickly, with the user being able to choose how quickly the image is deleted, between 3 and 10 seconds after being viewed. The problem is that the images are not completely gone from the cell phone. Tech-savvy users can retrieve the images by using software programs, and there are now other cell phone applications designed to save the images and messages sent using Snapchat.

The image is captured and saved without being deleted and then can be forwarded to others, without the knowledge of the creator of the image. Ten boys in Quebec, aged 13 to 15 years, are facing child pornography charges for trading explicit images of young girls whom they convinced to send them photographs via Snapchat.

The consensus has been that minors involved in sexting without other exacerbating circumstances should be charged with a less serious offense. There is no national consensus on exactly how the laws should be different or how sexting among minors should be prosecuted. Given that statutes vary by state and some states have not passed legislation to differentiate between sexting and child pornography, it is imperative that forensic psychiatrists become familiar with applicable statutes in their state or anywhere they may be involved in such cases.

Training in child and adolescent psychiatry or psychology can be very helpful when evaluating these cases, because a complete evaluation and testimony would be related to child development. A forensic examiner may become involved in a criminal or a civil case of sexting between or among minors. Criminal Cases In a criminal case, the primary role of the forensic psychiatrist would be to evaluate the minors who are prosecuted.

Such an assessment could include a juvenile who created a sexually explicit message, who sent a message, or who further distributed the image contained in a message.

The prosecution or the defense may hire the forensic evaluator to perform a complete evaluation or to consult on the case when given the facts. The goal of the evaluator is to establish the mindset of the accused at the time the message was created, sent, or forwarded. Did the minor understand that the act was a crime? What is the minor's level of developmental maturity?

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Table 1 Examples Illustrating Content of Statutes Addressing Sexting and Minors Many statutes specify sexting as a misdemeanor, create educational or diversion programs, or institute civil fines as punishment. Legislation proposed in Indiana sought to treat those under age 22 more leniently if the images are maintained only on a cellular telephone or social media website as opposed to postings on other locations on the internet. Georgia made it a misdemeanor for someone at least 14 years old to send a sexually explicit photograph to someone 18 years old or younger, if the purpose of distributing it was not for harassing, intimidating, or embarrassing the minor depicted, or for any commercial purpose.

Before this change, minors could be convicted of felony sexual exploitation of children. South Dakota enacted legislation in , establishing the definition of sexting and declaring it a misdemeanor: No minor may intentionally create, produce, distribute, present, transmit, post, exchange, disseminate, or possess, through any computer or digital media, any photograph or digitized image or any visual depiction of a minor in any condition of nudity, or involved in any prohibited sexual act.

Any violation of this section constitutes the offense of juvenile sexting, which is a Class 1 misdemeanor [Ref. She also emphasized the role of child psychologists and psychiatrists in educating teenagers and their families.

Another author, writing for The Journal of Contemporary Health Law and Policy, proposed using parents and schools in addition to the legal system in attempts to deter and punish juveniles engaged in sexting. The suggested approach would also allow for schools to conduct investigations, with punishments ranging from behavioral interventions to expulsion. A search on June 15, returned 75 results. This search engine provides content from primary law, legal news sources, treatises, jury verdicts, briefs, pleadings, motions, and expert witness transcripts and depositions.

The number of results most likely demonstrates the relatively low number of cases involving sexting that have reached the appeals level. It is also possible that there are cases involving this subject matter that did not use the word sexting and would not have been included in the search results. The number of cases to reach appeal has been growing rapidly, likely reflective of the increasing number of cases being prosecuted in this area.

The first 2 cases were from Eight cases were from , 10 from , 22 from , and 20 from Between December 1, , and February 15, , 5 cases were added to Lexis Advance, and between February 15 and June 15, , another 12 cases were added. The results on Lexis Advance include some cases that have various opinions or appeals related to the same case. There were several cases where the focus was not on sexting, but the term sexting was used in the opinion.

Approximately 20 cases involved sexting between an adult and a minor. Most of the cases did not fit the criteria of being exclusively between minors. This analysis focuses on the cases involving only juveniles.

A comparison is made with 2 cases involving year-old defendants. In some cases, juvenile defendants and their attorneys attempted to have charges dismissed because state statutes are unconstitutionally vague when applied to sexting or when applied to juveniles. A case in Pennsylvania decided on October 19, , illustrates this approach. The minor and an unknown number of other people received a text message with recordings of the consensual sexual acts of two other minors, aged 16 and 17, and further disseminated the recording.

The court reasoned that a teenager of ordinary intelligence would understand that the possession of child pornography is illegal. Teenagers would understand that laws were enacted to protect children, prevent abuse and exploitation, and stop the production and supply of child pornography. Writing for the court, Judge Steinberg noted: Those same teenagers, unless prosecuted, would be clueless that their conduct falls within the parameters of the Sexual Abuse of Children statute. Not only is sexting prevalent in their world, but it is doubtful they would connect sexting with the sexual exploitation of children [Ref.

The court further reasoned: Pursuing child pornography charges against teenagers encourages arbitrary and erratic arrests and convictions, which is one of the concerns addressed by the void for vagueness doctrine…. The sexual abuse of a child is a most serious crime and an act repugnant to the moral instincts of a decent people.

However, placing sexting on the same crime scale as child pornography is an overreaction by law enforcement…. Teenagers who engage in sexting should not face the same legal and moral condemnation [Ref.

By contrast, an appeals court in Ohio in denied the claim that statutes are vague and charges should be dropped. The court of appeals held that the court did not err in overruling defendant's motion to dismiss. They stated that, as applied to juveniles, the statute was not unconstitutionally vague. The court believed that the statute provided clear guidelines on the type of activity that is against the law. The statute did not make a distinction between adult offenders and juvenile offenders.

The statute held offenders strictly liable for their actions, regardless of age. It did not distinguish between consensual and nonconsensual sexting. The defendant filed a motion to dismiss, which was denied.

The defendant then entered a no-contest plea. She was sentenced to 30 days in detention, but the sentence was suspended. She was ordered to complete 16 hours of community service, to attend an educational program on sexting, and to write an essay. She was also banned from using a cellular telephone for six months. Other related cases have made the news in recent years, and those that receive the most press are often the most tragic.

One such case involved Jessica Logan, a high school senior in Ohio, who sent a nude self-image to her boyfriend. Miss Logan was then harassed at school, by being called names by a group of younger female students.

In May , she went to school counselors and her school resource officer, a City of Montgomery Police Officer, to ask for help. The officer asked the girls who were distributing her photograph to delete it from their phones. No legal charges were brought. Miss Logan recounted her story on the local NBC television affiliate in Cincinnati to help educate other teens about the risks of sexting.

Despite the fact she appeared in shadow with her voice disguised, the bullying and name-calling at her school worsened. In July , Miss Logan killed herself. Although no criminal charges were brought in this case, Miss Logan's parents brought civil suits against the school, the resource officer, the ex-boyfriend, and the students involved in disseminating the nude photo.

The teenagers involved in the case have settled with Miss Logan's parents out of court. The school resource officer was granted summary judgment, and the case was dismissed because of qualified immunity. Another young girl obtained the image and sent it to students in six other schools. On September 12, , Miss Witsell hanged herself in her bedroom. Even after Miss Witsell's death, the bullying and insults continued on her Facebook and MySpace pages.

No legal charges were brought against the students involved in disseminating the photograph or in the bullying that preceded Miss Witsell's suicide. Her parents tried unsuccessfully to file a wrongful death lawsuit against the school board; the charges were dismissed.

Some sexting cases have led to the bringing of felony charges against middle school students. In , two year-old eighth graders in Olympia, Washington, were flirting by text message when the girl took a naked self-image and texted it to the boy. The girl forwarded it to everyone in her contact list. Another student, a year-old girl, forwarded the image to all of her contacts as well. The photograph was sent to students in four surrounding school districts. Angry and concerned parents alerted school officials, the police became involved, and after a thorough investigation, the girl was considered the victim of the scandal.

The boy and the two girls who had initially forwarded the image were formally charged with dissemination of child pornography, a Class C felony. Lawyers for the three teenagers reached an agreement in which the charges were reduced from a child pornography felony to a misdemeanor of telephone harassment. A review of available cases on Lexis Advance and stories published by news agencies concerning cases of minors sexting other minors identified no cases where a person under the age of 18 was required to register as a sex offender, unless that person was also convicted of other charges such as rape or sexual assault.

Results of the survey of state prosecutors who handled juvenile sexting cases reported that 16 percent had handled a case that ended in juvenile sex offender registration. There are several cases where felony charges were initially filed and could have lead to sex offender registration but the charges were dismissed or reduced during the course of legal proceedings.

These young adults were often sentenced to sex offender registration for 20 or 30 years, in addition to other penalties. In Iowa, an year-old was convicted of knowingly disseminating obscene material to a minor. In another case, an year-old forwarded nude images of his year-old girlfriend to more than 70 people in the context of a fight with her. He pleaded no contest and was ordered to register as a sex offender in Florida until age 43 and to attend sex offender treatment classes.

The media reported that, as a result, he was expelled from college, could not find employment, and could not live with his father because the house is too close to a high school. Snapchat is probably the best known and most widely used application for this purpose. An image or text message can be created and sent quickly, with the user being able to choose how quickly the image is deleted, between 3 and 10 seconds after being viewed. The problem is that the images are not completely gone from the cell phone.

Tech-savvy users can retrieve the images by using software programs, and there are now other cell phone applications designed to save the images and messages sent using Snapchat. The image is captured and saved without being deleted and then can be forwarded to others, without the knowledge of the creator of the image.

Ten boys in Quebec, aged 13 to 15 years, are facing child pornography charges for trading explicit images of young girls whom they convinced to send them photographs via Snapchat. The consensus has been that minors involved in sexting without other exacerbating circumstances should be charged with a less serious offense. There is no national consensus on exactly how the laws should be different or how sexting among minors should be prosecuted. Given that statutes vary by state and some states have not passed legislation to differentiate between sexting and child pornography, it is imperative that forensic psychiatrists become familiar with applicable statutes in their state or anywhere they may be involved in such cases.

Training in child and adolescent psychiatry or psychology can be very helpful when evaluating these cases, because a complete evaluation and testimony would be related to child development. A forensic examiner may become involved in a criminal or a civil case of sexting between or among minors. Criminal Cases In a criminal case, the primary role of the forensic psychiatrist would be to evaluate the minors who are prosecuted.

Such an assessment could include a juvenile who created a sexually explicit message, who sent a message, or who further distributed the image contained in a message. The prosecution or the defense may hire the forensic evaluator to perform a complete evaluation or to consult on the case when given the facts. The goal of the evaluator is to establish the mindset of the accused at the time the message was created, sent, or forwarded. Did the minor understand that the act was a crime? What is the minor's level of developmental maturity?

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  1. Some sexting cases have led to the bringing of felony charges against middle school students. The court further reasoned:

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