OH- Judge orders teens to inform friends: Sending nude pictures by phone can be a felony

12-11-2008 Ohio:

Eight suburban teens were embarrassed to find out that sending nude pictures to their friends has a legal name -- obscenity.

The teens, from Mayfield and Highland Heights, knew that taking provocative photos of themselves and sending them with their cell phones was imprudent -- but they didn't think it was illegal.

Even their parents, who were shocked at the pictures, didn't know their 14-, 15- and 16-year-olds could be charged with felonies.

Cuyahoga County Juvenile Court Judge Thomas F. O'Malley decided to fill that knowledge gap for at least 200 other teens by using the five girls and three boys, most of whom are friends and attend school together, to spread the word of law.

Under a plan agreed on by prosecutors, defense attorneys and the judge, each teen will survey 25 other teens about whether they know having, viewing or sending nude photos of a minor can result in a felony record and land them in a juvenile prison.

They also have to get counseling and an assessment geared to cases considered sex offenses.

If they complete those things, the charges will be dismissed.

O'Malley said he wanted to deal with the teens in an alternative way after realizing that they didn't seem to know that they had broken the law.

"I thought, 'How can I get the message to as many juveniles as possible?' " O'Malley said.

The teens are supposed to come back to O'Malley's court in January to compile and present their results, which could later be used to educate other teens in the court or in the community.

"I can't wait to see what they come back with," O'Malley said.

Cuyahoga County Juvenile Division Prosecutor Mike Horn said his office agreed with the resolution because none of the kids had records.

A national survey released this week about teens, sex and technology found that at least 20 percent of teens surveyed had sent or posted nude or seminude pictures of themselves.

The online survey, done by the National Campaign to Prevent Teen and Unplanned Pregnancy and Cosmogirl.com, found an even higher percentage, nearly 40, had sent sexually suggestive text or instant messages or e-mails.

Anthony Bondra, an attorney for a 14-year-old boy charged in the Cuyahoga County case, said the teens were shocked when what they thought was a seemingly innocent and private thing went public and became a criminal matter.

Even more eye-opening was when O'Malley explained to the kids and their parents that they risked having to register as sex offenders for taking, sending and sharing the pictures, Bondra said.

He said the result, hopefully, will prevent some other teens from having to repeat their mistakes. ..News Source.. by Rachel Dissell, Plain Dealer Reporter