Sexting Presentation Written by: Brandon Falls Jefferson County District Attorney Brian Huff Jefferson County Circuit Court Judge Family Court

SEXTING… Texting: a short message sent electronically usually from one cell phone to another Sexting: the sending or receiving of sexually-suggestive or explicit text or pictures via one’s cell phone.

SEXTING Cont… 1 in 5 people forward pic’s they are sent. 30% of teens have been in some type of sexting situation. 68% of people do or say things digitally they wouldn’t say in person. Stats provided by MTV AP Digital Abuse Study

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Possible Criminal Charges Dissemination or display of obscene matter Possession of obscene matter Possession of obscene matter with intent to disseminate Permitting or allowing child to engage in production of obscene matter Production of obscene matter

Criminal Charges 13A Dissemination or display of Obscene Matter – Disseminate or display publicly visual depiction of a child under 17 engaged in but not limited to: –Breast nudity –Genital nudity

Criminal Charges –13A – Dissemination Constitutes a Class B Felony : –2 to 20 years in prison if charged as an adult –Mandatory Registration as a Sex Offender under the Sexual Offender Notification Act –Even if charged and convicted as a juvenile, still could have to register as a Sexual Offender for a period of 10 years.

Criminal Charges 13A Possession of obscene matter or Possession with intent to Disseminate, including, but not limited to – –Breast nudity –Genital nudity

Criminal Charges Possess with intent to disseminate –3 or more copies of the same picture –Class B Felony –2 – 20 years in prison if charged as an adult Possessing ANY obscene matter of a person under the age of 17. – Class C Felony –1 – 10 years in prison if charged as an adult

Criminal Charges 13A Permitting or allowing child to engage in production of obscene Matter –Any parent or guardian –Who knowingly permits their dependent under the age of 17 –To engage in the production of any obscene matter containing a visual depiction of a person under the age of 17 –Engaged in... Sexual conduct (includes breast/genital nudity) –Class A Felony – 15 – 99 years in prison, along with mandatory registration and notification to the community that you are a sex offender

Criminal Charges 13A Production of obscene matter –Any person who knowingly films, prints, records, photographs or otherwise produces any obscene matter, –That contains a visual depiction of a person under the age of 17, –Engaged in any act of … sexual conduct (includes breast and genital nudity) –Class A Felony – years in prison plus mandatory registration and notification to the community that you are a sex offender

Criminal Charges These are possible State Charges only Potential for Federal Charges as well –Sending to someone out of state –Carrying a picture over state lines –Posting on the internet !!!!

What does this mean? 16 year old girl, Meg, sends a photo of herself naked to a 15 year old boy she likes, Rob, who has repeatedly asked her to send a naked picture. Rob then sends the photo he received of Meg to his 18 year old cousin, Sam, who then sends it to another friend, Justin, 16, who shows it to all of his friends and prints out copies.

What does this mean? Meg(16yo) – potential guilty of: –Production of an Obscene Matter –Dissemination of an Obscene Matter –1 Class A Felony and 1 Class B Felony –Charged as an adult b/c 16 yrs old & Class A –15 – 99 years possible in prison –Mandatory Registration/Notification of Sexual Offender

What does this mean? Rob (15yo)– potential guilty of Possession of an Obscene Matter and Dissemination of an Obscene Matter –Class C and Class B Felony –Juvenile Court Jurisdiction b/c under 16 –Sex Offender Treatment through DYS –Possibility of Registration Under the Sexual Offender Notification Act

What does this mean? Sam (18yo)– potentially guilty of Possession of an Obscene Matter and Dissemination of an Obscene Matter –Class B & Class C Felony –Adult Court Jurisdiction –1 – 10 years + 2 – 20 years –Mandatory Registration/Notification of Sexual Offender

What does this mean? Justin(16yo) – potentially guilty of Possession with the Intent to Disseminate, Production of an Obscene Matter, Dissemination of an Obscene Matter –1 Class A/2 Class B Felonies –Adult Court Jurisdiction b/c 16 & Class A – years +, years –Mandatory Registration/Notification of Sexual Offender

Registration/Notification as a Sex Offender High points –Must register with the Sheriff’s Department where you live multiple times a year –Re-register before and after every move, anytime you stay anywhere else for 3 or more consecutive nights –Restrictions on where you can live –Restrictions on where you can work –Children may not live in the home you live in –Felony Offense if you mess up on any of these

Registration/Notification as a Sex Offender Adult – Registration/Notification is a lifetime responsibility Juvenile – 10 years presently in the state of AL YO – 10 years currently in the state of AL

“I only send pic’s to my Boyfriend..” Phillip Alpert 17 yr old, FL Teen Case Overview… “you will find me on the registered sex offender list next to people who have raped children, molested kids, things like that, because I sent child pornography. You think child pornography, you think 6-year-old, 3-yr-old little kids who cant think for themselves, who are taken advantage of. That really wasn’t the case.” CNN.com “sexting lands teen on sex offender list (April 8, 2009)- Phillip argues against his status

Mandatory Reporting Why can’t the teachers let me just handle this as a parent? –Penalty for knowingly failing to make this report – –Misdemeanor requiring not more than 6 months of imprisonment or a fine of not more than $500.

Isn’t this just kids being kids? Far reaching effects of sexting –Once an image is online by any means it’s out there forever, no guarantee it is ever erased –Images come back to haunt you in college or professionally –Child predators find these images and use them to enlarge their “collections” Sextortion –Blackmail using sexual conversation/photographs –Kids afraid of getting in trouble/ “snowball effect”

Notable Facts / Child Safety 1 in 5 youth have been sexually solicited online. 86% of girls polled said that they ‘cold chat’ online without parents knowledge. 54% had some form of cyber relationship. 57% could read their parents s.