Two middle school kids sext each other. Get charged with child pornography.

Karalysia

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The idea behind sexting, or sending a nude picture via a cell phone text, is not so new. Children played doctor long before grade school students were armed with cell phones capable of snapping photos. They just didn't record an image of the offense.


But technology has created a trail of evidence. Children and teens are capturing nude photos or videos of each other and sending them from friend to friend, and that's landing them in court.


"I think there has always been a sort of, you show me yours and I'll show you mine, and a curiosity there," Porter County, Ind., Prosecutor Brian Gensel said. "The problem now is the stakes are so much higher because if a juvenile sends a picture of themselves to someone else, well, that can be disseminated now to the entire world within minutes."

And that's distribution of child pornography, Gensel said.

Last week, two middle school students in Valparaiso, Ind., were caught sending nude pictures of themselves to each other on their cell phones. The students were caught when the 13-year-old girl's cell phone rang in class, and her teacher confiscated it, according to a police report. The girl cried that she would get in trouble because a 12-year-old boy sent her a "dirty picture."

The boy sent the girl a picture of his genitals and requested that she do the same, the report said. The girl then texted him a picture of her naked, police said.

The students have been charged with child exploitation and possession of child pornography, both felonies. They were referred to the county's juvenile probation department, which will determine whether authorities pursue or drop the charges, Gensel said. If convicted, the students could be required to register as sex offenders, he said.

Franklin Middle School Principal Christopher Fields would not say whether the students have been disciplined. He said sexting has been addressed with the student body, but he would not elaborate.

Four percent of cell phone-owning teens 12 to 17 say they've sent nude or nearly nude images or videos of themselves via text, and 15 percent say they've received such images, a recent Pew Research Center survey shows.

In Plainfield last month, a 16-year-old girl took a nude photo of herself and texted it to a male student. The photo spread so quickly that some of the original senders told police they had received it from others.

Illinois legislation is pending to make it illegal to upload on the Internet or disseminate a video of someone without their consent or with the intent to cause harm. An Ohio program requires juveniles charged in sexting cases to relinquish their cell phones and attend classes on the legal and emotional consequences of sexting, according to the Montgomery County prosecutor's office.

Louis Kraus, head of child and adolescent psychiatry at Rush University Medical Center in Chicago, said teens who sext don't understand the consequences of their actions.

The brain isn't fully developed until people reach their mid-20s, and that makes teens impulsive, Kraus said. Boys sext because they're proud of their new, more mature bodies, while girls sext because a boy asks them to, he said. Girls want to develop the relationship and think sexting will help, Kraus said. But he warns that's no different than a girl who might be pressured into sex before she's ready.

Middle school, when kids develop stronger sexual feelings and strive to fit in, can be especially grueling, Kraus said.

"On one level (sending nude pictures) is safer than physical intimacy … but on another level it is taking a risk and being taken advantage of that has a level of shame that is striking," Kraus said.

http://www.chicagotribune.com/news/local/ct-met-0129-sexting-20100128,0,4482941,full.story

I always thought the idea behind these laws was to protect the children? So do these kids deserve to be charged with felonies, and to be placed on a sex offender list for the rest of their life? Don't do the crime if you can't do the time right? We should punish them for exploiting themselves.
 
stupid loser cops are only looking at school kids because they get horny watching easily acessible child porn.
No it's not Child porn if we send naked photos to each other....
It isn't exploiting ourselves or anyone else.
It is just lazy cops who instead of doing real work, will sit around a school and intercept text messages, finding pornographic pictures of classmates.......
LAZY POLICE WORK!!!
 
Think about the children!
 
If they take/send pictures of other kids (no matter the age), throw the book at them.

If they only take/send pictures of themselves, remove their phone privileges for at least 6 months, send them to mandatory counseling, and have them also attend information sessions on sexual exploitation given by a police officer.
 
There's no way to limit the spread of the photos beyond say one's boyfriend. I would be surprised if many of these pictures don't end up on p2p networks. So yes, a teen who takes such a picture and sends it is guilty of a crime. And when the recipient sends it on, he or she is guilty of distribution.

Putting them on any sex offender lists is a bit too much, at least the first time.
 
Yeah this is getting pretty stupid right here.
 
*Hit and Run post*

Y'all already know my opinion on this.

For those who don't:
Spoiler :
I see no harm in kids sexting each other. The only harm I see is society punishing children for something (at least relatively) innocent.
 
Because this "enforcement" is going to ruin the rest of their lives.

Do you not think sometimes kids perform actions that ruin the rest of their lives?

Of course they do.

We shouldnt turn a blind eye to criminal behavior simply because the perps are kids.

And I think its much too early to make that call anyway. Not every kid that goes to juvy ends up a deliquent. Some actually do turn their lives around.
 
If they take/send pictures of other kids (no matter the age), throw the book at them.

If they only take/send pictures of themselves, remove their phone privileges for at least 6 months, send them to mandatory counseling, and have them also attend information sessions on sexual exploitation given by a police officer.

This seems sensible.
 
Do you not think sometimes kids perform actions that ruin the rest of their lives?

Of course they do.

We shouldnt turn a blind eye to criminal behavior simply because the perps are kids.

And I think its much too early to make that call anyway. Not every kid that goes to juvy ends up a deliquent. Some actually do turn their lives around.

Would you put a kid who sexts her boyfriend on a sex offender registry for the rest of her life?
 
OMG guys, sex is a normal thing. I don't understand why this is all taboo and crap. In general, it should be illegal to pass around photos that were meant to be kept private, no matter if you were 16 or 60.

But to call this child porn is just silly. When I hear child porn I think of 6yr olds, not 16yr olds. Add in the fact 16-17yrs old is the age of consent in most the US, it's just beyond stupid that me and 50 guys could do all manner of sexual things to her, but if someone take a picture of it, they're a pedophile who needs to be locked up and put on a sex offender list for the rest of his/her life.

I know justice is blind, didn't know it was dumb too.
 
They should be jailed forever for being pedophiles.

Do you not think sometimes kids perform actions that ruin the rest of their lives?

Of course they do.

We shouldnt turn a blind eye to criminal behavior simply because the perps are kids.

And I think its much too early to make that call anyway. Not every kid that goes to juvy ends up a deliquent. Some actually do turn their lives around.

Well when the law is rather silly(we don't punish people for having pictures of any other illegal activity) and it's only justification is to protect children from abuse. If the law ends up harming children then it seems like a rather pointless law.
 
Sure they should be punished, but putting them on sex offender list is just going WAY too far, in my opinion.
 
However, if the actions do indeed meet the specifications of the crime, then whats the problem in enforcing the law?

Punishing victimless crimes is immoral. Nobody benefits from it. One could define this crime as one with a victim. However that means we would be punishing the victim of a crime. That's even more morally dubious.
 
Do you not think sometimes kids perform actions that ruin the rest of their lives?

Of course they do.
Well that needs to change.

We shouldnt turn a blind eye to criminal behavior simply because the perps are kids.
I didn't say turn a blind eye, but putting them on a registered sex offenders list is absolutely ridiculous.

And I think its much too early to make that call anyway. Not every kid that goes to juvy eds up a deliquent. Some actually do turn their lives around.
It's a bit harder when you're tagged as a sex offender for the rest of your life.
 
This is the usual bureaucratic stupidity.

The CP laws exist to protect children from exploitation by adults, because they are children and need protecting, because they are too young to know what they are doing.

ermmmm.....unless they send someone a picture of themselves..
...in which case they suddenly cease to be children, and instantly become old and mature enough to know exactly what they are doing and live with the consequences of their actions.

So I guess they become capable of giving consent also ?

I thought not....
 
Would you put a kid who sexts her boyfriend on a sex offender registry for the rest of her life?

Depends on the facts of the case. Each one has to be examined individually. Minors are not typically placed upon sex offender registry without extensive psych assessment. My wife has worked with some, and I assure you, there are some kids that do belong on that registry despite the fact that they are minors.
 
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