Can you get in trouble for sexting?
As you know, sexting is the practice of sending nude or semi-nude pictures of yourself to someone else by cell phone – like texting. It has resulted in serious consequences for some teens. Consider the outcome of Phillip Alpert’s behavior in 2008.
Phillip was an 18-year-old student in Florida when he broke up with his 16-year-old girlfriend. While they were dating, she sent him nude pictures of herself. After breaking up, Phillip became angry and in retaliation, sent the pictures to over 70 people including her parents, grandparents and teachers.
Phillip was charged with sending child pornography and was convicted. He was sentenced in 2008 to five years probation and required to register as a sex offender until he’s 43-years-old. In a 2009 interview, Phillip said that “A lot of my friends have not stood by me . . .people don’t want to talk to me anymore.” Phillip has to attend sex offender meetings and is having trouble finding work.
Photo from MSNBC video
Or consider the tragic outcome of Jessica Logan’s sext message. Jessica was a senior at Sycamore High School in Ohio. She sent a nude picture of herself to her boyfriend. After they broke up, he sent the photos to a few friends and they ended up being viewed by hundreds of students at several schools. The harassment Jesse endured was relentless. She was called a slut and a whore, teased and even had things thrown at her. She became depressed and started skipping school.
Jessica decided to confront the problem by going on local television to tell her story. “I just want to make sure no one else will have to go through this again.” Two months later, on July 3, 2008, Jessica hanged herself in her bedroom closet.
Her mother, Cynthia Logan, has taken up the cause of educating our nation’s youth about the dangers of sexting. In May, 2009, Jessica’s parents filed a lawsuit against the school district and school resource officer for negligence in failing to protect their daughter. Also named in the lawsuit is her ex-boyfriend and four other students for severe infliction of emotional distress and invasion of privacy.
In February, 2012, Ohio Gov. John Kasich signed the “Jessica Logan Act”* into law. The law adds cyberbullying to school responsibilities and covers acts on buses and at off-campus events. The law primarily puts the burden on schools to educate kids not to sext and to enact anti-bullying policies aimed at stopping distribution of the photos. Supporters say the law strikes a fair balance between education and enforcement, but critics say it doesn’t go far enough to punish bullies.
Read Jessica’s poem written when she was 17 for a Writer’s Workshop at school called ”The Door That Lies Before You“.
Child pornography is a crime. Whether you send, receive or even possess sexual photos of teenagers or children it is a felony in most states. And it isn’t limited to cell phone texting. Using any form of electronic communication [email, instant messaging, etc.] involving sexual content and minors may have dire consequences. Your life will drastically change if you’re caught violating child pornography laws or new sexting laws being passed in some states.
Because numerous teens have been charged with sexting or possession of child pornography as a result of their school or the police searching their cell phones, know your rights about this issue and when the police can read your text messages.
In an article written for the National Law Journal in July, 2009, Prof. Vivian O. Berger of Columbia Law School commented about sexting: “Momentary recklessness can result in mammoth embarrassment and grave damage to reputation: images virally spread on the Internet carry the potential to scuttle college admissions prospects and job opportunities years later.”
See Prof. Berger’s article “Stop Prosecuting Teens for Sexting” and find out more about this issue.
*Ohio Revised Statutes, Sections 3313.666, 3313.667 and 3319.073.
This post was written by Judge Tom. Judge Tom is the founder and moderator of AsktheJudge.info. He is a retired juvenile judge and spent 23 years on the bench. He has written several books for lawyers and judges as well as teens and parents including the recently published 'Teen Cyberbullying Investigated' (Free Spirit Publishing). When he's not answering teens' questions, Judge Tom can be found hiking, traveling and reading.
thats crazy…
Judge Tom’s response:
Because of the serious consequences of being charged with child pornography, some states are reviewing their statutes. Legislatures in a few states are drafting bills to make sexting a lesser crime [misdemeanor or petty offense]. Bottom line – be careful about what you send to cyberspace – it’s forever and may backfire even though your intentions weren’t criminal.
i feel sorry for jessica and my thoughts are with the family, i have a sister that killed herself due to bullying of her appearnace and the things she has done…its never fair to see someone get treatd that way
Thanks for your comments, Jennie. We’re sorry to hear about your sister.
Sexting is just totally unacceptable I’m sorry for ur loss
Parents…talk to your kids about safe cell phone use! Sharing cell phone photos is never private so don't take risks! http://fb.me/GlqsUPmW
@slcjc Thx for the tweet! Parents…talk to your kids about safe cell phone use! Sharing photos is never private … http://fb.me/GlqsUPmW
[...] you know, sexting has become a huge issue in recent years resulting in tragic endings for some teenagers and [...]
I think sexting is becoming a huge problem (much like how this article pointed out the consiquences) and I think its a shame that the girls life had to end the way it did. I am sorry for your loss and I think they need to continue finding affective ways to go against sexting.
Thank you for your comments, James.
If you don’t ask for nude pics and someone sending them too you..Can they get in trouble for them and the person is over the age of 18
Dear Jenny: If you are a minor and the person sending you the sexted photos is over 18, it’s possible that they could be facing penalties under your state’s laws. Try Googling your state’s name and “sexting law” for further information. However, if both parties involved are adults and both consented to the sending and receiving of the photos, then it’s unlikely that there would be any criminal charges for such an incident. Good luck.
(This is information only – not legal advice.)
wat do u do if u sexted and someone is threatening u with the pictures
Dear Diamond: Good question – this happens fairly often once you’ve sent out sexualized photos. You didn’t mention your age, but if you’re a teenager, tell your parents immediately. As embarrassing as it may be, don’t keep this to yourself. Your parents can intervene on your behalf and hopefully put an end to this. The school administration should be notified if the person threatening to use the photos against you also goes to the same school. Depending on the circumstances, your parents may also want to report this to the police. Think long and hard before you send out any more photos. Sexting can seriously backfire on you and your family. Good luck.
(This is information only – not legal advice).
If both parties are at least 18 years of age and are both consensual so the sending/ receiving of the nude photos would it not be protected by the 1st amendment.
Dear Anthony: Yes, but you need to be careful about the transmission to and from each other. If, for example, you sent a photo assuming it’s going to an intended person, but she doesn’t have her phone (left it somewhere or with someone else) and a third party receives it and forwards it on to others, civil or criminal laws make come into play. Innocently exchanged photos have led to blackmail, threats and other crimes after a relationship ends. This has happened and in one case, led to the suicide of a 13-year-old girl in Florida. As you know, once you hit send, you can’t get it back and you have no control where it will end up. We recommend that minors, because of these dangers and the total loss of control over the images once sent, not engage in sexting. All the best.
(This is information only – not legal advice).
We’ve been learning about “sexting” in my school and It has brought a question in my mind. If I received a sext photo and I didn’t even want it do I still get charged?If we are both 17. If I don’t even ask for one and they send me one anyways will I still be in trouble and what should I do? I gotta be prepared for the future just incase any of this stuff ever happens.
Dear JJ25: That’s an excellent question. It’s going to depend on the specific laws in your state and whether or not your state has enacted a law to specifically address sexting. It’s possible that even being the recipient of a sext could be a criminal act, but most states are not focused on prosecuting the recipient as long as he/she did not forward the sext or share it with anyone else. Because you don’t want to have any possible criminal images on your phone, it would be best to delete the photos and definitely not share them with anyone. However, you may want to tell your parents or another adult you trust if you are put in this situation. Thanks for asking.
(This is information only – not legal advice.)
im 17 and last year i sexted my bf cuz he pressured me into doing it… i feel so bad and i have no idea what i should do. he said he deleted it but im worried that something bad will happen. is there anyway i can fix this? because i dont think ignoring it will make it go away
Dear Cameron: As you know, once you hit “send”, an image, text, etc. could potentially be out there forever. First, you may want to sit down and have a serious conversation with your boyfriend about this and that you are uncomfortable with what you did. Perhaps he can show you his phone and that the picture has been deleted. You may want to talk to your parents about it as well, as emabarrassing as it may be, because they could help you address the matter. Otherwise, consider talking to the school counselor or another adult you trust. It sounds like you have learned from this and will not be sexting in the future as there can be unintended consequences. Take care and good luck.
(This is information only – not legal advice.)
me and my girlfriend are both 17, we keep are sexual life 100% private. I have a question if we sext and tell no one and delete the picture afterwords is there anyway of an outsider such as the government or the police find out ?
Dear Chris: The general answer is that, yes, there is always a way a third person can come across the photos you and your girlfriend exchange. Once you hit “send” the picture is out there for the world to see. In the event you break up, one of you could share the photos with others. Then they can spread across the Internet at lightening speed. One teen we wrote about sent a sext to his girlfriend, but she didn’t have her phone with her at the time. Her girlfriend had it, saw the picture and shared it with others. Not to mention the anti-sexting laws that exist in some states. Think about this before posting any sexually explicit photos. Good luck.
(This is information only – not legal advice).
Hello,
I sent some nude pics of my exgrilfriend to her husband this past weekend thru facebook while i was in Vegas. She was ligaly married to him while we were dating and we always shared nude pics with eachother. Im i in trouble if they go to the law? i never would have done this but now that its done, i have to stand for what i did.
Dear George: What you’ve done may be illegal, but it depends on the laws of the state where this happened. Some states have laws against sexting making it either a felony or misdemeanor. You can Google the name of the state where you did this and “sexting laws” for information. Think before doing this again. As tempting as it may be, once you hit “send” it’s out there forever and can come back to bite you. Good luck.
(This is information only – not legal advice).
Okay, so…I have a friend that came to me after she sexted and sent videos out to a guy. She didnt know him personally as he lived in another state. I guess that guy shared with another friend of his..and that friend ended up coming bak and blackmailing my friend. So she had to endure that and she told me she was afraid so she let herself get blackmailed into sending more pics and even videos . Yes her parents found out after a while and she got in mega trouble. The only time I talked to her was at school. But I guess the guy put them on a site and which ANOTHER person found them. This time, in our town and she knew. This new person got her number and started texting her and threatening her til she started to ignore them … but now another person is texting her saying the have a friend who has these pics and that they have them as well.. and they have yet to blackmail her with it because she just ignores them..she doesnt know what to do! and I dont know what to say or do to help her either. She is already changing her number. and the other numbers that these guys txt her on are IPOD numbers, so not very trackable. What can she do? other than tell the police or school? Because she doesnt even know who it is. Thank you, please respond ASAP
Dear Nisha: We’re sorry to hear about your friend’s circumstances. First, she needs to tell her parents what is going on. They already know that she sexted, but they need to know what is happening as a result of the sexted photos. Her parents will be able to help resolve the situation by contacting the police and making a formal complaint. If she feels she cannot tell her parents, she must tell an adult she trusts like a teacher or a school counselor. She should save any messages she receives as they are evidence against those blackmailing her, harassing her, etc. Finally, your friend should not be pressured into sending any more pics/videos as it will not help her situation. Best of luck to your friend.
(This is information only – not legal advice.)
i sent some pics to my bf.. but were not together anymore. he says htat he deleted them. but im not very sure. i dont know what to do. plz help
Dear Melissa: We’re sorry to hear you’re in this position. All you can do is accept his word that he deleted them and hope for the best. If you’re a minor, you could ask your parents to contact him and his parents to be sure that they’re gone. If he uses them in some way against you, you can report it to the police since it may constitute a crime. Think twice before doing this again – once out there, you basically have no control over where they go or to whom. Good luck.
(This is information only – not legal advice).
I have a friend and about 4 years ago he and his girlfriend sent some pics… can he still get in trouble… they deleted the pics
Dear Chris: They may have deleted the photos but that doesn’t mean they’re gone for good. Once something is posted online, it’s in cyberspace forever. You have no control over where it goes, to how many people or separate files, etc. So, it depends on the laws in your state whether they can get into trouble or not. If your state has a sexting law, take a look at it and see what it covers. Google the name of your state and “sexting laws” for information. Good luck and remember to think long & hard before posting any photos you wouldn’t show your mother or grandmother. Take a look at this story on AsktheJudge.info for an example of photos that surfaced years after they were posted:
http://www.askthejudge.info/sexting-photos-surface-five-years-later/8415/
(This is information only – not legal advice).
Hi I am having problems with my daughters ex boyfriend. My daughter is 17 will be 18 on May 8, 2012. now her boyfriend is 18. my daughter broke up with him and he is saying that he will post pics of her that he took. I asked my daughter what kind of pics they were and she said he took the pics when she was changing in the fitting room. what can i do to make this stop? is that a crime will he be punished for it? Please help me because I feel really bad for my daughter she is scheduled to see a psychiatrist because this is affecting her so much and this is her first boyfriend. We live in California. please help me
Dear Rochele: There are several things you can do. If you know the boy’s parents, contact them to discuss this. You can also notify the police since, depending on the circumstances and the nature of the photos, it may constitute a crime especially now while she is still a minor. If all else fails, you could consider getting a restraining order from a court ordering him not to invade her privacy by posting the photos. Let us know what happens here – your experience would be useful to our readers to prevent others from experiencing what you’re going through. Good luck.
(This is information only – not legal advice).