NY- Sexting: Kids, Cell Phones Lead to Serious Crimes

11-14-2008 New York:

The days of passing notes in class are gone and students are turning to their cell phones and the Internet to communicate.

The texting and camera features available on most phones have lead to “sexting" that is, exchanging sexual images on cell phones. It’s a dangerous trend that’s leading to some teens being prosecuted for serious crimes.

Last week in the Scranton, Pa.-suburb of Tunkhannock, police confiscated the cell phones of five students between the ages of 11 and 17. On at least one of those phones, police found more than 100 images, any number of which could result in criminal charges.

In the Rochester area, John Sciabica, 16, of Webster faces two felony charges in similar circumstances. Wayne County Sheriff's investigators claim that Sciabica enticed a 15-year-old girl from Wayne County into texting him sexually explicit photos, and a movie of herself.

Investigators further allege that Sciabica then forwarded those images to his friends. As a result, Sciabica has been charged with possession of a sexual performance by a child and promoting a sexual performance of a child less than 16 years of age.

Each carries a maximum penalty of four and seven years in prison, respectively.

Tom Splain, Sciabica’s lawyer, has represented other teens facing similar charges in the past year.

"It's something very serious, when these young people get arraigned they're hearing Class E and D level felonies. It’s pretty shocking for most," he said.

Splain, a former Monroe County assistant district attorney, sees flaws in the laws being used to prosecute sexting crimes.

"I don't think that's what was contemplated when the laws were written,” Splain said. “Candidly, I think it was more for the older pedophile collecting pictures of young children; we're now running into high school students getting swept up in these charges."

Happening Fast, Even in Elementary Grades
Dr. Sam McQuade, a professor at R.I.T., is the country’s leading researcher on cyber safety.

"It's happening at a rate that's faster than laws can be created and educational programs and parental programs can be created to offer intervention," he said.

McQuade's research with The Cyber Safety & Ethics Initiative shows of those who send or receive sexual content online, and also regularly use cell phones

28 percent are in grades 10-12
26 percent are in grades 7-9
12 percent are grades 4-6

"We're talking about kids that are on balance, 10 years of age," McQuade said of the youngest age group studied.

He believes children plus technology inherently equals potential problems.

He said, "They're going to find ways to get themselves into trouble, that's what kids do."

Much like Splain, McQuade doesn't believe the criminal justice system provides a solution to this social dilemma.

"If you can't prosecute your way out, you have to educate and supervise your way out,” he said.

Time for Action
Splain thinks it’s time for lawmakers to take action.

"I don't have the answer today, but I think it's something our legislators certainly do need to look to, to make this law and its application much more fair," he said.

McQuade said, "What happens online is happening in our real lives and vice versa and that's the world in which we live. It's never going to change, so we might as well come to grips with it now."

If criminal charges aren't enough to wake up parents and children to this issue, McQuade said there are other more immediate consequences to sexting or other misuses of technology. His research shows that some kids are finding online images of themselves or others are preventing them from being accepted to colleges or being hired for jobs they're otherwise qualified for.

McQuade believes this issue needs to go to dinner tables for family discussion.

To help facilitate that discussion, check out the attached related links, studies, and raw video of 13WHAM’s interview with Dr. McQuade to this report.

McQuade urges parents to take some time with their children to review this material and hold family discussions about appropriate uses of technology. ..News Source.. by Sean Carroll