Sexting and Cyber-bullying Legal Issues Deputy Phyllis Applin Livingston County Sheriff’s Office

Objectives Understand what sexting and cyber- bullying means Understand what the legal ramifications are regarding sexting and cyber- bullying

SEXTING Sexting is the act of sending sexually explicit messages or photographs, primarily between mobile phones.

CYBER-BULLYING Cyber-bullying is the use of the Internet and related technologies to harm other people, in a deliberate, repeated, and hostile manner.Internetrelated technologies

Sexting Tragedy Mom Loses Daughter Over 'Sexting,' - You TubeMom Loses Daughter Over 'Sexting,' - You Tube

Sexting and the Law Disseminating indecent material to minors in the second degree. –Knowing the character and content of the communication which, in whole or in part, depicts actual or simulated nudity, sexual conduct or sado-masochistic abuse, and which is harmful to minors, he intentionally uses any computer communication system allowing the input, output, examination or transfer, of computer data or computer programs from one computer to another, to initiate or engage in such communication with a person who is a minor.

Sexting and the Law Disseminating indecent material to minors in the first degree. –Same description of the crime from second degree AND by means of such communication he importunes, invites or induces a minor to engage in sexual intercourse, oral sexual conduct or anal sexual conduct, or sexual contact with him, or to engage in a sexual performance, obscene sexual performance, or sexual conduct for his benefit.

Sexting and the Law Disseminating indecent material to minors in the second degree is a Class E felony. Disseminating indecent material to minors in the first degree is a Class D felony and registers you as a Sex Offender for the rest of your life.

Cyber-bullying Rumors or based on lies Spills over into the “real” world Impact

Cyber-bullying and the Law Aggravated harassment in the second degree. –A person is guilty of aggravated harassment in the second degree when, with intent to harass, annoy, threaten or alarm another person, he or she: Either (a) communicates with a person, anonymously or otherwise, by telephone, by telegraph, or by mail, or by transmitting or delivering any other form of written communication, in a manner likely to cause annoyance or alarm; or

Cyber-bullying and the Law Aggravated harassment in the second degree. –A person is guilty of aggravated harassment in the second degree when, with intent to harass, annoy, threaten or alarm another person, he or she: –(b) causes a communication to be initiated by mechanical or electronic means or otherwise with a person, anonymously or otherwise, by telephone, by telegraph, or by mail, or by transmitting or delivering any other form of written communication, in a manner likely to cause annoyance or alarm

Cyber-bullying and the Law –Criminal Impersonation 2 nd degree A person is guilty of criminal impersonation in the second degree when he: –Impersonates another by communication by internet website or electronic means with intent to obtain a benefit or injure or defraud another

If You Are a Victim: Do not erase or delete any messages on your phone or computer. Sign off the computer. Do not respond or retaliate – try blocking them. Tell a trusted adult and if it gets worse contact law enforcement.

Danger of Digital Images Once the image is out there, you can never get it back. Federal statutes regarding electronically possessing or holding indecent images –Minimum sentencing is 5 years in prison.

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