Jim Liebelt's Youth Culture Watch

NYC Wants Teen 'Sexting' Ban, In School And Home

Parents and schools struggle with the role technology plays in kids' lives. But a new push to keep them safe has some saying it goes too far.

New York City schools now want to punish students caught "sexting" -- no matter where they do it.

The Department of Education wants to ban both cyber bullying and sexting in New York City's public schools at all times, even outside of school hours.

The sexting proposal has drawn the opposition New York's Civil Liberties Union. 

The proposal would let a principal do anything from hold a parent conference to expel for cyber bullying.

Not only does the Department of Education want to ban sexually explicit text messaging that students may do off hours on nights, weekends and summer vacation, but they also want to punish them for it, handing out up to a 90-day suspension.

Some students said this proposal is going too far. 

Yet parents find it less of a black and white issue.

"I wouldn't want them punishing my child, but somehow if we could prevent sexting and cyber bullying and everything I would be in favor of that," said Brooklyn resident Betsy Davidson.

Source: WCBSTV
http://wcbstv.com/local/sexting.nyc.sexting.2.1760507.html

Lawmakers Backing Off Harsh Punishments for Sexting Teens

In the past year, I've posted numerous times about sexting. In fact, a year ago today, my post was "Sexting Teenagers Face Child-Porn Charges" where I commented that law enforcement needed to find ways to make the punishment fit the crime. It seemed then, as it does now, inappropriate to classify adolescents who sexted as sexual offenders and felons on equal footing with rapists and child molesters.

Today it appears that lawmakers around the country are attempting to do just this, establishing laws and punishments that address the specific nature of adolescent sexting. There's more work to be done on this, but it seems to me that the movements are in the right direction.

"Sexting" became a household word last year after four Pennsylvania teens were charged with disseminating and possessing child pornography after it was discovered that several students had exchanged nude pictures of themselves via cell phone. A federal court ruled last week that felony child pornography charges could not be pursued in this particular case, but state lawmakers around the country are looking to address the issue by making penalties better fit the "crime" for minors caught sexting.

The Illinois State Senate last week passed a bill that would limit penalties for minors that share nude or sexually explicit photos via cell phone or computer. Doing so would be classified as a misdemeanor, and minors would be sent to juvenile court for counseling and possible community service.

Connecticut lawmakers are considering similar legislation as well.

Florida is also considering legislation that would classify sexting between minors as a specific crime separate from existing child pornography statutes.

So far, 15 states have legislation on the table to address sexting in one form or another. Many states are attempting to specifically add it as a crime as part of cyberstalking or child pornography (when it includes images of minor-aged children) laws. However, several of the laws are attempting to address the issue when it comes to teens engaging in sexting. Some measures encourage adopting programs to educate teens about the dangers of sexting, while others de-criminalize the act as the Illinois, Connecticut, and Florida bills would. Similar measures were passed last year in Utah, Nebraska, and Vermont.

Source: ars tecnica
http://arstechnica.com/tech-policy/news/2010/03/lawmakers-backing-off-harsh-punishments-for-sexting-teens.ars

New Survey on Teens and Sexting from Pew Internet

I find it entirely plausible that the number of teens that have actually sent nearly-nude, nude, or suggestive photos of themselves to others is much smaller than the percentage of teens that have received or forwarded such photos of others. Some previous surveys have lumped together both those who send and receive "sexts" in their figures, so it was good to see the differentiation in this report.

A new survey from the Pew Research Center’s Internet & American Life Project found that 4% of cell-owning teens ages 12-17 say they have sent sexually suggestive nude or nearly nude images or videos of themselves to someone else via text messaging, a practice also known as “sexting”; 15% say they have received such images of someone they know via text message.

Focus group findings show that sexting occurs most often in one of three scenarios:

1.    Exchanges of images solely between two romantic partners   
2.    Exchanges between partners that are then shared outside the relationship
3.    Exchanges between people who are not yet in a relationship, but where often one person hopes to be.

“Teens explained to us how sexually suggestive images have become a form of relationship currency,” said Amanda Lenhart, Senior Research Specialist and author of the report. “These images are shared as a part of or instead of sexual activity, or as a way of starting or maintaining a relationship with a significant other. And they are also passed along to friends for their entertainment value, as a joke or for fun.”

Source: Pew Internet & American Life Project
http://www.pewinternet.org/Reports/2009/Teens-and-Sexting.aspx

Sexting Results in Florida Teen's Suicide

It appears that another "sexting"-gone-bad episode has resulted in a 13-year-old Florida girl taking her own life. This would be the second known case in the U.S. where a connection has been drawn between sexting and suicide.

The circumstances not only highlights the dangers inherent with sexting, but also the role of peer bullying that emerges once sexted photos are distributed widely among students populations.

At the end of the school year at Beth Shields Middle School, the taunting became so bad that Hope Witsell's friends surrounded her between classes. They escorted her down hallways like human shields, fending off insults such as "whore" and "slut." A few days before, Hope had forwarded a nude photo of herself to a boy she liked — a practice widely known as "sexting." The image found its way to other students, who forwarded it to their friends. Soon the nude photo was circulating through cell phones at Shields Middle and Lennard High School, according to multiple students at both schools. "Tons of people talk about me behind my back and I hate it because they call me a whore!" Hope wrote in her journal. "And I can't be a whore i'm too inexperienced. So secretly TONS of people hate me … " School authorities learned of the nude photo around the end of the school year and suspended Hope for the first week of eighth grade, which started in August. About two weeks after she returned to school, a counselor observed cuts on Hope's legs and had her sign a "no-harm" contract, in which Hope agreed to tell an adult if she felt inclined to hurt herself, her family says. The next day, Hope hanged herself in her bedroom. She was 13.

Source: St. Petersburg Times
http://www.tampabay.com/news/humaninterest/sexting-related-bullying-cited-in-hillsborough-teens-suicide/1054895

Teens Sue High School That Punished Them for Racy MySpace Pics

I was waiting to see an article along these lines show up, where teenagers end up suing someone or some entity for being punished over sexting...and here it is. I'm sure it's not the first case and I'm sure it won't be the last. In this case, there's no question about what the teens did. They posted racy photos to their MySpace profiles. Those pictures ended up in the hands of their high school's principal. The principal acted in accordance with school policy and punished the girls by not allowing them to participate from fall semester extracurricular activities.

The girls (with the help of the ACLU) have now sued the school and principal claiming that their rights of expression have been violated and that their actions had no effect or impact on the school.

What do you think should happen?

I do believe that some students who have sexted or posted racy photos of themselves on their social networking profiles have been treated too harshly (through criminal prosecution.) But, it does seem reasonable to me for schools to set behavioral expectations that apply to students whether or not they are on campus. Suspension from a semester's worth of extracurricular activities does not strike me as excessive punishment either.

And what might be the result to the broader culture should students who sue win cases like this one?

Two Indiana teenagers have sued their school district after they were punished for posting suggestive photos on MySpace.

The girls, 10th-graders at Churubusco High School in Churubusco, Indiana, say they were humiliated after the school banned them from fall semester extracurricular activities and forced them to apologize to the all-male Athletics Board (composed of varsity coaches). The girls also had to attend three counseling sessions.

The American Civil Liberties Union has filed the proposed class-action suit on behalf of the girls and all present and future students at the school who participate or may participate in extracurricular activities. The ACLU argues the district violated the girls’ First Amendment rights and should not have punished them for activities conducted outside school. The suit names the girls’ high school, school district and principal.

According to the school’s student handbook, the principal “may exclude any student-athlete from representing Churubusco High School if his/her conduct in or out of school reflects discredit” upon the school or creates a “disruptive influence on the discipline, good order, moral, or educational environment” at the school.

The ACLU says the photos were meant to be a joke shared among friends and had “no effect on the school whatsoever.” The girls’ self-expression has been curbed as a result of the school’s activity, the suit alleges.

Source: Wired
http://www.wired.com/threatlevel/2009/11/teen-pics/

Vermont Teen Going to the Slammer for 'Sexting'

I've created numerous posts on "sexting" in the past year. Here's a news excerpt about a young man who will do jail time in Vermont's first sexting case. What's particularly interesting to me about this news item is that Vermont lawmakers decriminalized sexting earlier in the year, and the 18-year-old was convicted and sentenced on other charges. The bottom line is that sexting, even in states that have changed their laws to decriminalize the behavior, is still a wicked bad idea.

18-year-old Isaac Owusu will serve 90 days of a two-year sentence in a Vermont prison after pleading guilty to two counts of committing a prohibited act and one count of lewd and lascivious conduct this past Thursday in what was the state's first sexting case. It could've been worse for the teen from Morrisville, who told two teenage girls to send him videos or photos of them performing sexual acts. However, Vermont lawmakers recently decriminalized sexting, which led to sexual assault charges against Owusu being dropped as part of a plea deal.

Source: Switched
http://www.switched.com/2009/09/04/vermont-teen-going-to-the-slammer-for-sexting/

For more information on keeping your kids safe from sexting, see my article "Sexting: A Parent's Guide to Keeping Your Kids Safe."

New Survey Confirms 1 in 5 Teens Sext

A recently released survey from Cox Communications in partnership with the National Center for Missing and Exploited Children and John Walsh found that 1 in 5 teens (19%) have been involved in "sexting" — sending, receiving or forwarding sexually suggestive text messages. These findings are consistent with a previous survey released in 2008.

This new survey included helpful information, breaking down the 19% cumulative figure into percentages of teens involved in specific behaviors:

Teens that have sent sexts: 9%
Teens that have received sexts: 17%
Teens that have forwarded sexts to others: 3%

Largely, those teens who sent sexts said the messages were sent to a boyfriend/girlfriend (60%).

Perhaps most disturbing was the number of teens (11%) who sent sexts to someone they did not know.

About 80% of teens who sext are under the age of 18, with the highest age group of sexters (24%) was 17-year-olds.

Of teens surveyed, 74% believe that sexting is wrong.

Of teen sexters, senders are more likely to be girls (65%).

Teens who sext spend more time online per week (31.7 hours) compared to the overall average of teens surveyed (26.8 hours).

Source: Cox Communications
http://www.cox.com/takecharge/safe_teens_2009/media/2009_teen_survey_internet_and_wireless_safety.pdf

For more information on sexting, read my article, "Sexting: A Parent’s Guide to Keeping Your Kids Safe".

US Judge Rules For Teen Girls In "Sexting" Case

The article excerpt below notes that a Federal judge has blocked a Pennsylvania prosecutor from filing child pornography charges against three teenage girls that sexted. It's worthwhile to note that child pornography and child protection laws (such as Megan's Law) were created in the days before sexting. Law enforcement officials and prosecutors are stepping up to stem the tide of sexting, but are applying these laws to sexting teens in ways that were never imagined when the laws were drafted. As noted in previous posts on this subject, a debate has emerged over whether these laws should be applied to cases of sexting. The debate is necessary, and perhaps in time, new laws will be enacted that apply directly to sexting that include appropriate punishments instead of felony charges and stigmas of teens becoming registered sexual offenders.

A U.S. judge on Monday barred a Pennsylvania prosecutor from filing child pornography charges against three teenage girls caught with sexually suggestive pictures of themselves on their cell phones.

U.S. District Judge James Munley said he was issuing a restraining order on Wyoming County District Attorney George Skumanick because his proposed action would violate freedom of speech and parental rights.

"The court agrees with the plaintiffs that the public interest would be served by issuing a TRO (temporary restraining order) in this matter as the public interest is on the side of protecting constitutional rights," the judge said.

Source: Reuters
http://www.reuters.com/article/mediaNews/idUSN3034377920090331

'Sexting' Teenagers Face Child-Porn Charges

I came across the following in the Orlando Sentinel. It has a lot of basic information about "sexting", much of which I've covered in other posts. What I found most interesting about this article is the story of Phillip Alpert, who at 18 emailed nude photos of his then 16-year-old ex-girlfriend to over 70 people. The result: Alpert was convicted of child pornography charges. He is now a registered sex offender, a moniker that will be attached to him until he's at least 43.

While government and law enforcement officials need to find ways to curtail the "sexting" trend, refinement in laws which govern these actions needs to be made in order to make the punishment "fit the crime." It seems inappropriate to classify adolescents who have "sexted" as sexual offenders and felons on equal footing with rapists and child molesters.

After his former girlfriend taunted him, Phillip Alpert remembered the nude photos she e-mailed to him while they were dating.

He took revenge with an electronic blast — e-mailing the photos of the 16-year-old girl to more than 70 people, including her parents, grandparents and teachers.

Three days later, Alpert, then 18, was charged with transmitting child pornography. Today Alpert is serving five years of probation for the crime, and he is registered as a sex offender — a label he must carry at least until he is 43.

"I didn't know how bad of a decision it was," Alpert, now 19, said recently at his MetroWest apartment. "I don't think it's fair."

Alpert is one of many people across the country who are being charged with felonies and getting sentenced as sex offenders for doing something their friends do all the time, unaware of potential criminal charges.

Source: Orlando Sentinel
http://www.orlandosentinel.com/sfl-sexting-030809,0,7801708.story

Should "Sexting" Teens Be Charged As Sex Offenders and Felons?

There's an emerging debate on whether teens who send or receive nude or semi-nude digital photos should be charged as sexual offenders or other serious felony charges. The behavior itself seems to me to be more stupid than felonious, but law enforcement officials, educators, parents, and students are wrestling over what ought to be appropriate consequences for teens who are involved in "sexting." What are your thoughts?

Though youth is fleeting, images sent on a cell phone or posted online may not be, especially if they're naughty.

Teenagers' habit of distributing nude self-portraits electronically — often called "sexting" if it's done by cell phone — has parents and school administrators worried. Some prosecutors have begun charging teens who send and receive such images with child pornography and other serious felonies. But is that the best way to handle it?

"Hopefully we'll get the message out to these kids," says Michael McAlexander, a prosecutor in Allen County, Ind., which includes Fort Wayne. A teenage boy there is facing felony obscenity charges for allegedly sending a photo of his private parts to several female classmates. Another boy was recently charged with child pornography in a similar case.

In some cases, the photos are sent to harass other teens or to get attention. Other times, they're viewed as a high-tech way to flirt. Either way, law enforcement officials want it to stop, even if it means threatening to add "sex offender" to a juvenile's confidential record.

"We don't want to throw these kids in jail," McAlexander says. "But we want them to think."

Dante Bertani, chief public defender in Westmoreland County, Pa., where the students went to court, called the felony charges "horrendous." He says such treatment should be reserved for sex offenders, not teenagers who might've used poor judgment, but meant nothing malicious.

"It should be an issue between the school, the parents and the kids — and primarily the parents and the kids," Bertani says. "It's not something that should be going through the criminal system."

Source: Associated Press
http://www.google.com/hostednews/ap/article/ALeqM5hJmxoi-6NUpjd2smxVbaoTEy4J2wD964VRQG0