I’m probably crossing a line with this post. I’ve been sitting on this one for about a week now, discussing this with friends and reflecting on it. My opinion hasn’t changed.
By now, you probably have heard of the sexting phenomenon. If not, in brief, it is the act of sending nude or semi-nude pictures of yourself to others via your mobile phone. Here’s the shocker: according to a survey performed last year by the National Campaign to Prevent Teen and Unplanned Pregnancy, 20 percent of teens “said they had sent or posted nude or semi-nude photos or videos of themselves” (MSNBC). Split out by gender, this was true for 22% of girls vs 18% of boys.
In the last couple of months, three sexting scandals have launched onto the media’s radar.In review:
Pennsylvania
According to MSNBC, six teenagers are facing child pornography charges after three teenage girls (14-15 years old) “sexted” three male classmates (presumably of similar age). The sexting was discovered when one young gentleman’s phone was appropriated by school officials for violating a policy on cell phone use. They discovered the picture and contacted authorities. A short time later, Police leveled child pornography charges against the six teenagers. Police Captain George Seranko suggested this was to “send a strong message to other minors who might consider sending such photos to friends.” On the flip side of this coin, Philadelphia defense attorney Patrick Artur said these charges “run counter to the purpose of both state and federal child pornography laws: preventing the sexual abuse of children by ‘dirty old men in raincoats'” (MSNBC).
On this topic, CBS News legal analyst Lisa Bloom retorts, “What are we going to do, lock up 20 percent of America’s teens?” (CBS).
New Jersey
In New Jersey, Passaic County authorities have charged another teenager girl (14 years old) with “possession and distribution of child pornography for posting nude photos of herself on MySpace.” (NPR) The mother of another New Jersey girl, whose death was the inspiration for Megan’s Law, criticized those prosectuors, claiming that such charges are more harmful than helpful (NPR).
Ohio
Perhaps the most infamous case of sexting yet occured in Cincinnati, OH. Last year 18 year-old Jane Doe (I don’t think we need to tarnish this young girl’s name anymore, so I’ll use a generic one) was getting ready to graduate from high school. She sent a nude picture of herself to her boyfriend. When they broke up a short time later, he sent it to some of his friends, who sent it to some of their friends…and so on, until the theory of six degrees of separation was proven in less time than it took for a girl’s heart to break. Hundreds of students all around the area came into possession of the photo.
Last May Jane Doe spoke to a local news station about the emotional cost of this event, expressing embarrassment and humiliation. Students teased her incessantly, inside the school and out. In my 11.28.2008 post, “Creating (and Destroying) Realities,” you can read about how readily one girl’s life was destroyed by the dark side of humanity equipped with advanced technology. Unfortunately, Jane Doe’s story met much the same end. Two months after speaking with the local news station about this event, she went to the funeral of a boy who had killed himself. When she went home, she did the same.
Sexting, Boiling Over
The parents of this Cincinnati Jane Doe have since started calling for tougher laws and more accountability. It seems like legislators are starting to take the hint. In Ohio, for example, one lawmaker said recently that he intends to introduce a bill making it a misdemeanor for minors to send naked pictures (MTV). As you read above, authorities in Pennsylvania waited not at all for a new bill to be introduced, but started charging minors under existing laws. Another teenager in Texas has already spent a night in jail after his football coach discovered a nude picture of a friend on his phone (WFAA).
Placing each of these stories side-by-side, we see that in some instances authorities have gone too far (New Jersey, perhaps Pennsylvania), while other authorities haven’t gone far enough (Ohio). So here’s the question for the People to consider: Where should accountability for this lie?
Prosecutors in New Jersey seem to think it should lie with the person sending the picture(s).
Prosecutors in Pennsylvania seem to think it should lie with both the senders and receivers of the picture(s).
Lawmakers in Ohio, Jane Doe’s mom, and authorities in Texas seem to think it should lie with the receivers of the picture(s).
What do you think?
Personally, I can’t help but feel that this is an issue the government should keep out of. What people do with pictures of themsemselves is their business and their responsibility. Furthermore, what minors do with pictures of themselves is their parents’ business and their parents’ responsibility. Maybe they shouldn’t be giving them cell phones, if they can’t trust in their ability to use reason and good judgement?
Particularly in the last case I mentioned, the Ohio Sexting Incident, who should authorities have charged? The Jane Doe who sent the picture in the first place? The boyfriend who sent it on later? Each person to sent it after that? Or did they do the right thing in not charging anyone, because after all, as the ACLU is claiming, is sexting a privilege guaranteed by the First Amendment? (law.com).
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MSNBC – Mike Brunker, “‘Sexting Surprise: Teens Face Child Porn Charges.”
CBS – “Sexting” Shockingly Common Among Teens.
MTV – Gil Kaufman, “Teens Could Get Hit With Child Pornography Charges After Sexting.”
NPR – “‘Megan’s Law’ Mom Criticizes ‘Sexting’ Charges.”
WFAA – Craig Civale, “Student Faces Porn Charge Over Text Sent By Classmate.”
Law.com – Shannon P. Duffy, “ACLU Sues DA Over Threat to Prosecute ‘Sexting’ Teens.”
WLWT – Sheree Palello, “Mom Loses Daughter Over ‘Sexting,’ Demands Accountability.”
Enquirier – Cindy Kranz, “Family Wants Tougher Laws.”