IN- Muncie police make first 'sexting' arrest

4-17-2009 Indiana:

MUNCIE -- Sexting might be a foreign word to most adults, but it has caught the attention of the nation's teenagers -- and landed one local teen in police custody.

Burris High School student Zachary A. Jones, 18, was arrested Wednesday night after Muncie police investigated reports that Jones had sent text messages to a 14-year-old female acquaintance in which he encouraged her to engage in sexual behavior.

He was preliminarily charged with vicarious sexual gratification and sexual misconduct with a minor in what Muncie police Sgt. Linda Cox believes is the first "sexting" arrest in nearly a decade of working domestic and sex crimes.

"Kids don't realize the serious consequences of this," Cook said. "It can lead to being charged with sexual crimes and having to be registered as a sex offender."

Jones spent the night in the Delaware County jail and was released Thursday on pre-trial probation approved by Circuit Court 1 Judge Pro Tem Charles "Chic" Clark.

More than two dozen teens in six states have been investigated by police for sexting this year, according to newspaper reports. And roughly 20 percent of teens admit to participating in sexting -- sending explicit photos or messages to juveniles -- according to a nationwide survey by the National Campaign to Support Teen and Unplanned Pregnancy.

(eAdvocate Post)

Few of those students realize they might be breaking the law.

In Jones' case, Cook said the victim's family found the sexually suggestive message on their daughter's cell phone and informed police. Indiana State Police assisted with analyzing the cell phone and linking the texts to Jones.

The victim indicated she had been sexting with Jones, and also said she was kissed and fondled by the suspect on the back staircase of Burris.

Jones reportedly confessed to sexting, according to a probable cause affidavit.

Cook hoped the court would make stipulations of no contact with the victim besides seeking counseling for the suspect.

Defense attorney Kim Dowling and Deputy Prosecutor Diane Frye worked out a pre-trial probation deal for Jones' release, stipulating no contact with the victim and pre-trial counseling. There was no immediate word on formal charges from the state.

Burris Principal Jay McGee was uncertain whether the school will discipline Jones.

Burris allows high school students to use cell phones at school except during class, McGee said. Middle school students must have phones turned off and in their lockers until after school and elementary students are not allowed to have cell phones, he said.

If high school students are caught using a cell phone during class, it is taken away. After three offenses, they are no longer allowed to bring their phone to school.

Jones has never had his phone taken away, McGee said.

This is the first case of sexting at Burris, McGee said. School officials are discussing whether they should talk to the students about it.

"It's certainly something we're going to have to think about," McGee said. "Certainly the awareness has increased regarding this issue, particularly with the age differential (between Jones and his female acquaintance)." ..News Source.. by RICK YENCER