Governor Rell submits testimony supporting "sexting" ban, tougher sanctions against child predators

As to the sexting issue, I question the wisdom of the Governor's proposals. Teens are a fragile group and already we have seen two teens (Florida's Hope Witsell and Ohio's Jessie Logan) take their lives over sexting pictures. Now the gov. wants to saddle them with being sex offenders -criminalizing sexting-, that may push more over the edge. The Gov and lawmakers need input from professionals on how to handle teens, clearly criminalizing dumb behavior is not the answer!

3-23-2010 Connecticut:

Governor M. Jodi Rell today submitted written testimony to the Legislature’s Judiciary Committee in support of her three proposals that would reform and further strengthen the state’s sex offender registry and toughen laws against child-sex predators and criminals who engage in human trafficking. She also supports the Committee’s proposal to ban “sexting” by teenagers.

“All of these reforms turn up the pressure and punishment on the sick individuals who victimize children and give law enforcement and parents more tools to monitor the moves of child predators,” Governor Rell said. “These predators and their crimes will no longer be shielded by the anonymity of cyberspace. These laws will help ensure that there will be no place to hide.”

The Governor also supports the Committee’s House Bill 5533, An Act Concerning Sexting, which prohibits children 13 to 17 years of age, from possessing and transmitting sexually explicit photos through cell phones or other communication devices. The Governor would like to see the proposal be expanded to include the texting of sexually explicit words and messages among that same age group.

“Sexually explicit messages and images shared among adolescents and teenagers are highly inappropriate and may well lead to dangerous behavior. The technology makes it far too easy to victimize young people,” Governor Rell said.

The Governor’s Senate Bill 34, An Act Concerning Computer Crimes Against Children, would criminalize the use of “interactive” computer and Internet services such as a webcam or phone camera to entice children into displaying intimate body parts.

“Protection of our children requires not only efforts of parents and law enforcement officials but also our elected officials in making sure our laws keep pace with a rapidly changing world,” Governor Rell said. “Passage of this is essential to that ongoing effort.”

The Governor’s Senate Bill 33, An Act Concerning the Registration of Sexual Offenders, implements provisions of the national Adam Walsh law, which provides consistency among states. Currently in Connecticut, the requirement to register as a sex offender is based on a conviction for an offense and not an assessment of risk. The 2006 Adam Walsh Child Protection and Safety Act (AWA), named after a Florida boy kidnapped and killed in 1981, created three classifications of sexual offenders: Tier I, Tier II, and Tier III – based on convictions. The third tier is identified as the most severe and would include offenses such as aggravated sexual abuse and kidnapping.

“The lack of consistency in state registry laws has been taken advantage of by those sexual offenders who have chosen to disappear,” Governor Rell said. “That state action is vital to repair this system.”

The Governor’s House Bill 5030, An Act Concerning the Forfeiture of Money and Property Related to Child Sexual Exploitation and Human Trafficking and the Possession of Child Pornography, gives prosecutors the legal tools to seize the property of individuals convicted of child exploitation and human trafficking, much as the assets of drug dealers are currently subject to forfeiture. “They must not profit one dime from their criminal enterprise,” Governor Rell said. ..Source.. Governor Rell's Office

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Teens charged in 'sexting' case

1-30-2010 Washington:

LACEY, Wash. - Thurston County Prosecutors charged three teenagers Friday with Class C felonies for allegedly texting a naked picture of an underage girl.

Earlier this week authorities confiscated nine cell phones with the "sexted" picture on it. Lacey police say it all started when a 14-year-old girl took an explicit photo of herself and sent it to her 14-year-old boyfriend. When the relationship ended badly, that is when police say the now ex-boyfriend started to forward the picture to others.

Prosecutors say the pictures can be considered child pornography. If convicted of the felonies, the students would be required to register as sex offenders. Wayne Graham is a juvenile deputy prosecuting attorney and warns teens they need to "think before they hit send on their phone. Once they hit send they are no longer in control who views a very private or intimate photo."

The North Thurston School district is using this case as a educational opportunity. When news of the "sexting" scandal broke, middle school teachers held a lecture to warn kids about the dangers of sending graphic photos out into cyberspace. School spokesperson Courtney Schrieve says,"I don't think young people today think about when they press send. It's going global. It's out there forever."

The school is planning to hand out flyers to students and parents to warn them about the "sexting" trend. Thursday, school officials called every middle school family to tell them about the "sexting" case.

Grandparent Trish Arehart got the call and says she had not heard of "sexting." She immediately "went through everything " in her grandson's phone. She also warned the 13-year-old about sending bad pictures out.

"I told him this can get you into trouble. I said girls that send you pictures like that are not girls you want to be with," she said. ..Source.. KYLE MOORE / KING 5 News



Teens face felony 'sexting' charges

Court: Sex offender registration on the line

Three Chinook Middle School students were formally charged Friday in juvenile court with felonies stemming from a "sexting" incident in which they allegedly sent nude photos of a 14-year-old girl via their cell phones.

Copies of the photo have spread from phone to phone among a large number of North Thurston middle school students, according to Lacey police. The mother of the alleged victim said Friday that the photo has found its way to Olympia High School.

“It’s everywhere,” said the girl’s mother, identified here only by her first name, Toni, to protect the identity of her daughter.

The students accused of sending the photo are identified as a 14-year-old boy and two 13-year-old girls.

Each is charged with a single count of dealing in depictions of a minor engaged in sexually explicit conduct. The charge is a class C felony, carrying a maximum penalty of 30 days in juvenile detention. Anyone convicted of the offense is required to register as a sex offender.

Toni said she and her daughter do not think that the three juveniles facing charges deserve to have to register as sex offenders or to have felony records follow them into adulthood.

“That isn’t going to solve anything,” she said. “But we both agree that there need to be consequences – stiff consequences.”

Toni said her daughter exhibited poor judgment in taking the nude photo of herself and sending it to her then-boyfriend, but she “didn’t do anything to deserve this.”

The boyfriend sent the photo to one of the girls charged in the case after he had broken up with the alleged victim. That girl sent it to the other girl who has been charged, and she sent it to other students, according to police.

Thurston County Senior Deputy Prosecuting Attorney Rick Peters agreed Friday that the case is “a situation where the technology is ahead of the legislation.” He said he thinks the Legislature should come up with a law that better fits the wrongdoing committed by juveniles who maliciously spread nude photos of their peers.

Peters said he thinks a crime was committed. However, he said Thursday that he doesn’t think any consenting teen couple who send nude photos of themselves to each other should automatically be arrested, because it “doesn’t really fit the elements of the crime.” But when nude photos of someone are sent and resent multiple times, maliciously and without the photo subject’s consent, it rises to the level of the crime of “dealing” in depictions of a minor engaged in sexually explicit conduct, he said.

Toni noted Friday how quickly the copies of the photos of her daughter spread from student to student.

According to information e-mailed to The Olympian from North Thurston Public Schools spokeswoman Courtney Schrieve: “The National Campaign to Prevent Teen and Unplanned Pregnancy reported last month that a survey of 1,280 teens and young adults found that 20 percent of the teens said they had sent or posted nude or semi-nude photos or videos of themselves. That number was slightly higher for teenage girls – 22 percent – vs. boys – 18 percent.”

Schrieve said Friday that the school district is working to educate students and parents about sexting. Middle school teachers at Chinook and Komachin discussed the issue with students in their first-period classes Wednesday, she said. Chinook Principal Kirsten Rae sent a letter home to parents stating that sexting is a serious crime.

The school district also has placed automated notification calls to all of its middle school parents, explaining what sexting is and that it is a crime, Schrieve said.

Schrieve described the incident as a wake-up call. She added that the district might plan an educational forum or publish educational materials about sexting. ..Source.. by JEREMY PAWLOSKI, Staff writer

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PA- Chambersburg Area School District's student sexters may wear 'sex offender' label through adulthood

10-7-2009 Pennsylvania:

CHAMBERSBURG -- Law enforcement and Chambersburg Area School District officials are still trying to determine how many students were involved a recent rash of "sexting" images that were forwarded to students in the first weeks of school in what by law can be defined as child pornography.

And they're also trying to determine if the students should be charged with a crime.

Officials from the Chambersburg Police Department, the Franklin County district attorney's office and the school district conducted a news conference Tuesday morning to discuss the incidents. Sexting is the act of sending sexually explicit photos and content in text messages and through e-mail.

Bret Beynon, Franklin County assistant district attorney who specializes in juvenile prosecution, said the only charges that would be applicable could be felony possession of child pornography, which could come with the classification of sex offender if found guilty. She said if the students involved were juveniles, the sentences would not have a minimum or maximum sentence if charges were filed and the students were found guilty.

However, they would remain on their public record for life and they would have to submit DNA to the Pennsylvania State Police database. "It would affect them for the rest of their lives," Beynon said.

Anyone older than 18 who was charged with the felony would have to register with the state's Megan's Law Web site for 10 years under current laws. Megan's Law alerts the public to the living and working arrangements of registered sex offenders.

Since the possible charge would be possession of child pornography, everyone involved could face the same charge whether they took the photograph, received it, or forwarded it. Beynon said a student who received a picture, immediately deleted it and notified authorities would not face charges. However, someone who received a photo and either saved or forwarded it to others could.

"Everybody could be on the hook for a felony," Beynon said.

Beynon said they are dealing with each photo on a case by case basis. Beynon also asked parents to be more proactive and monitor the cellular phone and Internet usage of their children.

"We are being very deliberate and everything has to be very well thought out," Beynon said.

Chambersburg Police Chief David Arnold said officers were called on Sept. 23 by CASD director of security T. Brett Hill about photos involving nudity circulated via digital technology. Since then, the police department, district attorney's office and school district are cooperating in an investigation.

"As we all know, cell phone use among teens has increased greatly in the last decade. While this technology can be useful in everyday life, it has the ability to be used for this purpose," Arnold said.

Arnold said he has asked the Pennsylvania Chiefs of Police Legislative Committee to look at the current laws and propose new legislation if it's warranted. Beynon said the Pennsylvania District Attorney's Association is in favor of legislation that would diminish penalties for minors sending sexually explicit images. Sen. Wayne Fontana, D-Allegheny County, told the Pittsburgh Tribune-Review last month that he plans to introduce a bill this fall that would grade the crimes as misdemeanors or summary offenses so that anyone charged would be kept out of Megan's Law requirements.

Assistant Superintendent Eric Michael said that currently there are 28 students believed to be involved in the incident. However, the number could change as the investigation continues.

Beynon and Arnold also would not specify how many images have been distributed to this point or when the investigation would conclude.

According to a 2008 survey by the National Campaign to Prevent Teen and Unplanned Pregnancy, 20 percent of more than 1,200 teens surveyed had posted online or electronically transmitted sexually explicit photos of themselves.

Michael said school district officials are certain that none of the photographs were taken on school property, and school equipment was not used. Some of the photos could have been sent from student's phones while they were in school buildings, although the district prohibits students from using phones in school buildings during the class day.

Michael said that although cell phone use is banned, it's a difficult policy to police. "It used to be that students were going to the bathroom to smoke. Now they're going to the bathroom to text," he said. ..Source.. by KEITH PARADISE Staff writer

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MI- Online prank ends with child porn charges for teen

2-24-2006 Michigan:

WAYLAND (NEWS 3) - It may have started as a prank, but police in Wayland have another name for Ryan Zylstra's decision to take pictures of classmates having sex: a felony.

The 17-year old was arrested and charged with manufacturing, distributing, and using a computer for child pornography.

Investigators say the trouble began New Year's Eve. Zylstra began taking pictures during a party at his Wayland home. Among the snapshots was a photo of two classmates having sex. Police say the Wayland Union High School senior then posted the picture on a website.

"Some of these photographs or printed pictures were passed around during the lunch break at Wayland High School," Police Chief Dan Miller told News 3. "In talking through, some of the students actually thought it was kind of a joke originally," said Smith.

But police aren't laughing. They say the mother of the 16-year-old girl caught on camera says her daughter tried killing herself after learning the picture became public.

And, police say because both teens in the picture were under 18, the photo constitutes child pornography. "I don't really relish, like the fact that my daughter’s in the same school with someone like this. Even though it's a prank, it's a serious prank," Smith said.

But around Wayland, reaction to the charges is mixed.

"He put pictures that shouldn't have been on there, but people should be allowed to put any pictures on there," said Josh Jones, a freshman at Wayland High.

Ashlie Hollis, a 2003 Wayland graduate, feels no pity for Zylstra. "He hurt somebody and he basically disgraced her. I mean, that's horrible. You don't do that to somebody," Hollis said.

Meanwhile, the police chief hopes this case serves as a warning to parents. "If they see them on the computer, ask them what they're doing. If they've heard of these other websites, these blogs or whatever, ask them what they're putting on or make them show them what they're putting on," said Miller.

Zylstra is free on bail. He's scheduled to appear before a judge next month. ..News Source.. by Scott Noll, News 3 Reporter



Teen put sex pics of friends online, police say

2-23-2006 Michigan:

WAYLAND -- A Wayland Union High School student faces three felony charges for allegedly taking photographs of two juveniles having sex, posting them from the Internet and linking to them from the popular Xanga web site, allegedly prompting a student in the photos to attempt suicide. Ryan Andrew Zylstra, 17, has been arrested on charges of manufacturing child pornography, distributing child pornography and use of a computer for child pornography.

Wayland Police say Zylstra took photos of a male teen and female teen "engaged in sexual activity" at Zylstra's home on New Year's Eve. Police say Zylstra linked to the photos from his blog site on Xanga, and students printed the photos and passed them out at school on Jan. 3, the day students returned after the holiday break. According to the police report, the mother of the girl in the photos said her daughter came home from school and attempted suicide because of her embarrassment.

The mother reported the incident to police Jan. 16, and police confiscated two computers from Zylstra's home. Police sought a warrant and Zylstra turned himself in Wednesday evening. He is to be arraigned March 6 in Allegan District Court. The Xanga site has been at the center of controversy recently elsewhere in West Michigan. Twenty East Grand Rapids High School students were suspended from extra-curricular activities for two weeks after photos of them drinking alcohol were posted on various Internet blog sites, including Xanga. ..Source.. by Jean Gallup, The Grand Rapids Press

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FL- Police blotter: Teens prosecuted for racy photos

2-9-2007 Florida:

What: Teenagers taking risque photos of themselves are prosecuted for violating child pornography laws.

When: Florida state appeals court rules on January 19.

Outcome: A 2-1 majority upholds conviction on grounds the girl produced a photograph featuring the sexual conduct of a child.

What happened, according to court documents:
Combine unsupervised teenagers, digital cameras and e-mail, and, given sufficient time, you'll end up with risque photographs on a computer somewhere.

There's a problem with that: Technically, those images constitute child pornography. That's what 16-year-old Amber and 17-year-old Jeremy, her boyfriend, both residents of the Tallahassee, Fla., area, learned firsthand. (Court documents include only their initials, A.H. and J.G.W., so we're using these pseudonyms to make this story a little easier to read.)

On March 25, 2004, Amber and Jeremy took digital photos of themselves naked and engaged in unspecified "sexual behavior." The two sent the photos from a computer at Amber's house to Jeremy's personal e-mail address. Neither teen showed the photographs to anyone else.

Court records don't say exactly what happened next--perhaps the parents wanted to end the relationship and raised the alarm--but somehow Florida police learned about the photos.

Amber and Jeremy were arrested. Each was charged with producing, directing or promoting a photograph featuring the sexual conduct of a child. Based on the contents of his e-mail account, Jeremy was charged with an extra count of possession of child pornography.

Some more background: Under a 1995 ruling in a case called B.B. v. State, the Florida Supreme Court said that a 16-year-old could not be found delinquent for having sex with another 16-year-old.

"The crux of the state's interest in an adult-minor situation is the prevention of exploitation of the minor by the adult," the majority said at the time. The court ruled that a Florida statute punishing sex between teens was "unconstitutional as applied to this 16-year-old as a basis for a delinquency proceeding."

The same applies to Amber and Jeremy. Even though he is a year older than her, he is still a minor in Florida.


In other words, under Florida law, Amber and Jeremy would be legally permitted to engage in carnal relations, but they're criminals if they document it.

Amber's attorney claimed that the right to privacy protected by the Florida Constitution shielded the teen from prosecution, an argument that a trial judge rejected. Amber pleaded no contest to the charges and was placed on probation, though she reserved her right to appeal her constitutional claim.

By a 2-1 vote, the appeals court didn't buy it. Judge James Wolf, a former prosecutor, wrote the majority opinion.

Wolf speculated that Amber and Jeremy could have ended up selling the photos to child pornographers ("one motive for revealing the photos is profit") or showing the images to their friends. He claimed that Amber had neither the "foresight or maturity" to make a reasonable estimation of the risks on her own. And he said that transferring the images from a digital camera to a PC created innumerable problems: "The two computers (can) be hacked."

Judge Philip Padovano dissented. He wrote that the law "was designed to protect children from abuse by others, but it was used in this case to punish a child for her own mistake. In my view, the application of this criminal statute to the conduct at issue violates the child's right to privacy under Article 1, Section 23 of the Florida Constitution."

Excerpt from Wolf's majority opinion:
As previously stated, the reasonable expectation that the material will ultimately be disseminated is by itself a compelling state interest for preventing the production of this material. In addition, the statute was intended to protect minors like appellant and her co-defendant from their own lack of judgment...

Appellant was simply too young to make an intelligent decision about engaging in sexual conduct and memorializing it. Mere production of these videos or pictures may also result in psychological trauma to the teenagers involved.

Further, if these pictures are ultimately released, future damage may be done to these minors' careers or personal lives. These children are not mature enough to make rational decisions concerning all the possible negative implications of producing these videos.

In addition, the two defendants placed the photos on a computer and then, using the Internet, transferred them to another computer. Not only can the two computers be hacked, but by transferring the photos using the Net, the photos may have been and perhaps still are accessible to the provider and/or other individuals. Computers also allow for long-term storage of information which may then be disseminated at some later date. The state has a compelling interest in seeing that material which will have such negative consequences is never produced.

Excerpt from Padovano's dissent:
If a minor cannot be criminally prosecuted for having sex with another minor, as the court held in B.B., it follows that a minor cannot be criminally prosecuted for taking a picture of herself having sex with another minor. Although I do not condone the child's conduct in this case, I cannot deny that it is private conduct. Because there is no evidence that the child intended to show the photographs to third parties, they are as private as the act they depict...

The majority concludes that the child in this case did not have a reasonable expectation that the photographs would remain private. To support this conclusion, the majority speculates about the many ways in which the photographs might have been revealed to others. The e-mail transmission might have been intercepted. The relationship might have ended badly. The boyfriend might have wanted to show the photo to someone else to brag about his sexual conquest. With all due respect, I think these arguments are beside the point. Certainly there are circumstances in which the photos might have been revealed unintentionally to third parties, but that would always be the case.

That the Internet is easily hacked, as the majority says, is not material. The issue is whether the child intended to keep the photos private, not whether it would be possible for someone to obtain the photos against her will and thereby to invade her privacy. The majority states that the child "placed the photos on a computer and then, using the Internet, transferred them to another computer," as if to suggest that she left them out carelessly for anyone to find. That is not what happened. She sent the photos to her boyfriend at his personal e-mail address, intending to share them only with him.

The method the child used to transmit the photos to her boyfriend carries some danger of disclosure, but so do others. If the child had taken a printed photograph and placed it in her purse, it might have been disclosed to third parties if her purse had been lost or stolen. If she had mailed it to her boyfriend in an envelope, it might have been revealed if the envelope had been delivered to the wrong address and mistakenly opened. As these examples illustrate, there is always a possibility that something a person intends to keep private will eventually be disclosed to others. But we cannot gauge the reasonableness of a person's expectation of privacy merely by speculating about the many ways in which it might be violated.

The critical point in this case is that the child intended to keep the photographs private. She did not attempt to exploit anyone or to embarrass anyone. I think her expectation of privacy in the photographs was reasonable. Certainly, an argument could be made that she was foolish to expect that, but the expectation of a 16-year-old cannot be measured by the collective wisdom of appellate judges who have no emotional connection to the event. Perhaps if the child had as much time to reflect on these events, she would have eventually concluded, as the majority did, that there were ways in which these photos might have been unintentionally disclosed. That does not make her expectation of privacy unreasonable. ..News Source.. by Declan McCullagh

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SD- 'Sexting' case in hands of authorities

These parents have no idea what they have done to their children. Clearly they should have handled it without involving the police as these cases should be handled, absent further dissemination of pictures.

4-27-2009 South Dakota:

BROOKINGS, S.D. (AP) Authorities in Brookings say the parents of two teenagers reported their children after the young people were caught using their cell phones to send nude pictures of themselves to each other.

Brookings police say the investigation continues in the case involving a male and female, ages 16 and 17. The state's attorney will decide whether charges should be considered.

Police say young people don't understand the ramifications that the practice, which has been dubbed 'sexting,' can have.

Some courts have ruled that such pictures constitute child pornography.

According to one study, 22 percent of girls and 18 percent of boys say they have electronically sent nude or semi-nude pictures of themselves and 39 percent of teens have sent sexually suggestive text messages or e-mails. ..News Source.. by KX.net

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VA- Four Bedford County teens charged in “sexting” case

4-21-2009 Virginia:

Four Staunton River high school students, all underage, are charged with misdemeanors after an alleged “sexting” case.

“Sexting” is basically slang for when teens take nude, or in this case partially nude, photos on camera phones.

One of the teens is also accused of sending at least one of the pictures through a text message, making it a felony child pornography charge.

If convicted, the teen could be forced to register as a sex offender wherever he moves for the rest of his life.

A search warrant on file in Bedford County circuit court claims the police investigation into what happened started on March 30th.

School administrators found two pictures of one of the juveniles posing topless on Staunton River high school property, according to the search warrant.

The court papers allege administrators called in a school resource officer to investigate.

The officer later found another phone with a second juvenile on it posing topless for at least eleven pictures, according to the search warrant.

The court records show police confiscated at least two camera phones.

Investigators declined to go into much detail about the case since it deals with juveniles and is pending. ..News Source.. by Scott Leamon

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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

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NJ- Charges against Clifton girl spark debate about teens' lurid pictures

3-30-2009 New Jersey:

In Pennsylvania, authorities are threatening to prosecute three teenage girls after finding risque images of them on a cell phone.

In Indiana, a middle-school boy faces obscenity charges for transmitting naked photos of himself to female classmates.

And last week in Passaic County, authorities accused a 14-year-old Clifton girl of distributing child pornography, saying she posted nude portraits of herself on MySpace.

In a growing number of states, law enforcement agencies are cracking down on teens who use cell phones and social networking sites to share lurid photographs. Prosecutors say they are trying to stamp out a dangerous trend. But their use of stringent child-pornography and sex-offender laws has ignited a debate.

"Do we really want to tag this 14-year-old girl as a sex offender for the next 30 years?" asked Bill Albert, spokesman for the National Campaign to Prevent Teen and Unplanned Pregnancy. "Communities nationwide are scratching their heads about what role, if any, law enforcement should play in these cases."

A key hurdle for prosecutors is that technology has outpaced the legal system. Most states don't have laws specifically addressing teens who transmit explicit images, a practice sometimes referred to as "sexting."

The only New Jersey laws applicable to the Clifton case are those designed for sexual predators and child pornography traffickers, said Parry Aftab, executive director of the nonprofit group WiredSafety.org.

Authorities suspect the 14-year-old, arrested Tuesday, took and posted nearly 30 explicit images of herself for her boyfriend to see. If true, it makes for an unusual criminal case: The victim is also the perpetrator.

Nonetheless, the consequences could be serious. If convicted of distributing child pornography, the 14-year-old could be forced to register with the state as a sex offender under Megan's Law.

A chief assistant prosecutor for Passaic County declined to comment last week on specifics of the girl's case. Speaking generally, however, she said it is unlikely a minor with no criminal record would be forced to register as a sex offender.

Yet the mere prospect of invoking Megan's Law troubles some legal scholars and children's advocates. They say a statute for serial child molesters should not be used to punish an indiscreet teen who gets carried away with high-tech flirting.

Even Maureen Kanka, the mother of the girl after whom Megan's Law is named -- a 7-year-old raped and killed by a twice-convicted sex offender living nearby -- said the 14-year-old Clifton student should be undergoing counseling, not prosecution.

About 20 percent of teenagers say they have sent or posted nude or semi-nude pictures or videos of themselves, according to a survey released in December by the National Campaign to Prevent Teen and Unplanned Pregnancy. Roughly a third of 20-somethings said the same, according to the study, which interviewed nearly 1,300 people.

FAR-REACHING CONSEQUENCES

The phenomenon is vexing to both parents and prosecutors.

Such images floating in cyberspace can sink the best of college or job applications. They can become painfully embarrassing. Teens can use them to harass one another. And they can attract predators, said Ernie Allen, president of the National Center for Missing and Exploited Children.

Prosecutors in New Jersey and around the country have addressed the problem in different ways.

In September, school officials in Hillsborough alerted police after learning a high school girl had sent a nude picture of herself to a boy. The image was ultimately circulated to multiple students, some of them in middle school.

But the girl was never charged. Later, police officers visited local schools to talk to students about internet safety.

"They went over the criminal laws and penalties they can face by transmitting any pornography," Hillsborough Police Chief Paul Kaminsky said.

Bill Maer, a spokesman for the Passaic County Sheriff's Office, said authorities hope the community learns something from the Clifton incident.

"We hope it's a wake-up call to parents and students that they need to be very cognizant of what behavior and what activity is occurring on the computer," Maer said.

Authorities learned of the 14-year-old's pictures about a month ago. Officials at MySpace.com discovered the images and contacted the National Center for Missing and Exploited Children, Allen said. In turn, the center called the Passaic County Sheriff's Department.

The teen was charged with child pornography and distribution of child pornography, then released to her mother. The girl faces up to 17 years in jail.

David Wald, a spokesman for state Attorney General Anne Milgram, said prosecutors have been instructed to proceed cautiously.

"We have asked the Passaic County prosecutor to review this matter and consult with us before taking any further action," he said.

Paula Dow, the Essex County prosecutor, said prosecutors across the state plan to work with the state Attorney General's Office to determine how best to treat these cases. But authorities will not take the problem lightly, she said.

"There will be very serious consequences," said Dow, president of the County Prosecutors Association of New Jersey.

Allen said that whenever appropriate, authorities should start by working with parents. But there are times, he said, when criminal charges are necessary.

Allen said the balance is delicate: If authorities clamp down too hard on teens who post naked photographs of themselves, they risk worsening already painful situations for the youngsters. But if they don't clamp down enough, the problem will persist.

"You need to respond to it seriously," Allen said, "but clearly you don't want to ruin a girl's life."

As authorities figure out how to wrap the legal system around sexting, parents need to talk to their children, said Albert, of the National Campaign to Prevent Teen and Unplanned Pregnancy. Teens may think they are simply flirting. But they often have no comprehension of just how risky it is to send some bawdy homemade Valentine into the ether, he said.

"Once you press 'Send,' you really do lose control," Albert said. ..News Source.. by Jennifer Golson and Joe Ryan/The Star-Ledger

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OR- 'Sexting' in Newport: Dumb prank or child porn?

3-27-2009 Oregon:

NEWPORT -- To some, it might seem like a dumb teenage prank. To others, it's child pornography worthy of criminal prosecution.

Either way, a 17-year-old Oregon girl faces years in prison after using her cell phone at a drunken party in Newport last year to record, for a minute or less, a 16-year-old girl involved in crude sexual activity.

The case is an Oregon example of "sexting" -- a rapidly growing trend in which teens share revealing images of themselves or others via cell phone. Across the U.S., teens who've sent or received such images have found themselves charged with crimes such as distribution or possession of child pornography.

Critics say sex-crime laws were never meant to apply to teenage girls sending naughty photos of themselves to boyfriends, for example. But others say it's not that clear-cut, especially in the Oregon case.

"This is a relatively new activity and is not a matter of settled law," said Bill Albert, spokesman for the National Campaign to Prevent Teen and Unplanned Pregnancy in Washington, D.C. "A lot of law enforcement agencies are scratching their heads and saying, 'What should we do? What is our role to play?' If you do a quick Google search for sexting, you will come up with dozens of criminal cases."

In a survey his group conducted last December, one-fifth of teens and one-third of adults ages 20 to 26 admitted sending or posting nude or partly nude images of themselves. And because people lie to pollsters, he said, he figures the real number is higher.

Why would teens do such a thing? "Three-quarters of them described it as a fun and flirtatious activity," Albert said. "What is clear in Technicolor is that what is considered public behavior and what is private is a very blurry line for a lot of young people these days."

By all accounts, the Newport incident was more egregious than most.

At least one adult and a crowd of teens, including a girl who is now 17, gathered at a vacation rental home last April for a night of partying. The Oregonian is not identifying the girl because she is a juvenile.

According to the account in court documents, the girl, 16 at the time, told police that everyone was drinking. She was in a bedroom with another girl, a 16-year-old friend, who was drunk and partly naked. A man in the room, 30-year-old David Michael Guy Simpson, encouraged his dog to have oral contact with the friend.

"I thought this was funny so I recorded it on my cell phone," the girl told Newport police Detective Ken Real, according to the documents.

A few days later, the girl showed the clip, which lasted from 45 seconds to one minute, to Jesse Duane Carey, then 18. He, in turn, sent it to his own cell phone, the documents say.

Authorities wouldn't say whether Carey shared the video or how police found out about it. But in February, warrants were issued for the arrests of the girl who shot the video and for Simpson and Carey. Now the girl and Simpson have been charged with Measure 11 crimes that carry mandatory sentences of years in prison. If convicted, they could also be required to register as sex offenders.

The girl, arrested March 3 and released to an aunt and uncle March 11, faces one count of sexual abuse and one count of using a child in a display of sexually explicit conduct -- felonies that respectively carry mandatory minimum sentences of 75 to 70 months (about six years) in prison. She also is charged with two counts of encouraging sexual abuse, another felony.

Simpson, arrested Feb. 17 and still in the Lincoln County Jail, faces two counts of sex abuse and one count of using a child in a sexual display. Carey, arrested and released in February, has been charged with three counts of encouraging child sex abuse.

Unsettled home life

The girl's life hasn't been easy, said Colleen Ritz, who took the teen into her home after her daughter befriended the girl and said she had nowhere to live. The girl "was on her way to Portland to live with her dad's ex-girlfriend because she said she wasn't going to live with her dad," Ritz said. "We told her, 'Just come stay with us.' She's had a bad rap in life."

A teen who was at the party also defended the girl. The teen, whose mother asked that she not be identified, said 20 to 30 teens had gathered just wanting to have fun. She said the girl would not have recorded the goings-on to be mean.

"She's not that kind of person," the teen said. "I think she thought, 'This is funny; we're drunk. Look at what she is doing.' They used to be good friends."

Paul Ferder, Simpson's attorney, said the charges in this case are probably excessive. The attorney for the girl was on vacation and could not be reached, and Carey's attorney did not return a phone call.

Monday court date

The girl and Simpson are due in court Monday for an early-resolution conference with their attorneys and Lincoln County Circuit Judge Charles Littlehales.

"Normally, that's the time to tell the court whether you need a trial or if it's been resolved," said Mike Flinn, Benton County deputy district attorney, who's prosecuting the case because Carey is the son of a Lincoln County sheriff's deputy. "We could negotiate lesser charges, but I can't say if that's going to happen."

Littlehales this month did reduce bail for the girl from $350,000 to $50,000, and for Simpson from $350,000 to $150,000.

"If you have a person who has not committed extreme criminal violence but is still subject to Measure 11, shouldn't the court have discretion?" he said in an interview last week. "There are a lot of young people doing things, and they don't recognize the seriousness of what charges can and will be brought. It's kind of frightening that, one, they do it and, two, the consequences it may bring."

He also expressed concern for the girl's predicament. "It would be life-changing if she gets the minimum. ... That's pretty severe for a 17-year-old."

Albert, the spokesman in Washington, D.C., also cited the girl's age as cause for ambivalence.

"Should a 16-year-old face time in jail and be labeled a sex offender when it is minor to minor? That's a very tough call," he said. "I think we all feel quite differently when an adult is involved."

But John Shehan, spokesman for the National Center for Missing & Exploited Children in Alexandria, Va., said this case isn't sexting, it's child pornography.

"These are crime-scene photographs, certainly," he said. "Not only is it pornography of children but possible bestiality. If these images are leaked to the masses, they will be forever memorialized and traded. There are individuals who collect these, and they become highly coveted. It has a lifetime of repercussions." ..News Source.. by Lori Tobias, The Oregonian

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NJ- New Jersey Teen Accused Of ‘Sexting’ On Myspace

3-26-2009 New Jersey:

A 14-year-old New Jersey girl has been accused of child pornography after posting nearly 30 explicit nude pictures of herself on MySpace.com - charges that could force her to register as a sex offender if convicted.

The case comes as prosecutors nationwide pursue child pornography cases resulting from kids sending nude photos to one another over cell phones and e-mail. Legal experts, though, could not recall another case of a child porn charge resulting from a teen’s posting to a social networking site.

MySpace would not comment on the New Jersey investigation, but the company has a team that reviews its network for inappropriate images. The National Center for Missing and Exploited Children tipped off a state task force, which alerted the Passaic County Sheriff’s Office.

The office investigated and discovered the Clifton resident had posted the “very explicit” photos of herself, sheriff’s spokesman Bill Maer said Thursday.

“We consider this case a wake-up call to parents,” Maer said. The girl posted the photos because “she wanted her boyfriend to see them,” he said.

Investigators are looking at individuals who “knowingly” committed a crime, he said, declining to comment further because the case is still being investigated.

The teen, whose name has not been released because of her age, was arrested and charged with possession of child pornography and distribution of child pornography. She was released to her mother’s custody.

If convicted of the distribution charge, she would be forced to register with the state as a sex offender under Megan’s Law, said state Attorney General Anne Milgram. She also could face up to 17 years in jail, though such a stiff sentence is unlikely.

Some observers - including the New Jersey mother behind the creation of Megan’s Law - are criticizing the trend of prosecuting teens who send racy text messages or post illicit photos of themselves.

Maureen Kanka - whose daughter, Megan, became the law’s namesake after she was raped and killed at age 7 in 1994 by a twice-convicted sex offender - blasted authorities for charging the 14-year-old girl.

The teen needs help, not legal trouble, she said.

“This shouldn’t fall under Megan’s Law in any way, shape or form. She should have an intervention and counseling, because the only person she exploited was herself.”

Called “sexting” when it’s done by cell phone, teenagers’ habit of sending sexually suggestive photos of themselves and others to one another is a nationwide problem that has confounded parents, school administrators and law enforcers.

Prosecutors in states including Pennsylvania, Connecticut, North Dakota, Ohio, Utah, Vermont, Virginia and Wisconsin have tried stop it by charging teens who send and receive the pictures.

In northeastern Pennsylvania, a prosecutor recently threatened to file child porn charges against three teenage girls who authorities say took racy cell-phone pictures that ended up on classmates’ cell phones.

The MySpace case may be a first, though.

“I’m not sure I’ve seen a prosecution like this coming out of a social networking site,” said Seth Kreimer, a constitutional law professor at the University of Pennsylvania.

Milgram, the attorney general, could not recall another such case in New Jersey. She cautioned parents to get on those sites and monitor what their kids are talking about and posting.

“Unfortunately, youth don’t have the same judgment as adults,” she said, “and often, adults don’t have the same technical savvy as the youth.” ..News Source..

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