Thoughts on ‘Sexting’ from a California County DA
Here is a good write-up from the Nevada County California DA, Clifford Newell, on Sexting. He talks about what parents can do. Monitoring computer activity is essential to help stop this phenomenon… While the incident starts on a cell phone, it isn’t long before the images make their way to the internet. PC Pandora computer monitoring software will let you know if your child is sharing photos, passing them on, or taking them!
Other Voices: ‘Sexting’ and the law
Our society has become more technologically complicated, with sometimes unintended consequences.
Most parents know who their children’s friends are and where they are most of the time but, in the cyber world; you never know who may come in contact with your child.
Responsible parents would never even consider turning their teen loose alone in the alleys and back streets of an unknown city. But, that is exactly what they may be doing when accessing the Internet via their cell phone or laptop.
For example, many parents give cell phones with a camera feature to their children, only thinking of how this tool could be used positively. However, it can be used in a fashion that is threatening, illegal and even dangerous to your child and their friends.
Unfortunately, our office and DA’s offices nationwide are being presented with requests by law enforcement to file child pornography crimes against juveniles for what has been dubbed “sexting.”
Sexting is a combination of the words “sex” and “texting” — as in text messaging. In other words, sexting is when someone sends sexually explicit pictures electronically via text messaging or the Internet.
When the depicted person is younger than 18 years, the child pornography statutes may apply. What you need to know as a parent is that the potential misuse of text messaging can have potential criminal consequences for conduct that might seem like a simple juvenile prank. Sexting also carries a potential for devastating consequences to the victim.
Sexting has far-reaching potential consequences. In a technology world where anything can be copied, sent, posted, and seen by huge audiences, there’s no such thing as being able to control images. Even if a photo was taken and sent in good faith, technology makes it possible for everyone to see your child’s most intimate self.
In the hands of teenagers, when revealing photos are made public, the subject almost always becomes the object of ridicule and name calling. Cases of juvenile suicide stemming from such embarrassment have been reported. Civil liberties lawsuits have been filed on behalf of offending teens by the ACLU. As rulings on these cases are not yet final, the outcome and consequences are not completely known. Civil liability for sexual harassment based on sexting is not yet a settled area of the law, either.
What you can do? First and foremost, keep the lines of communication open and talk to your kids about using cyberspace. Make sure they understand that what they put out there can never be recovered and may show up in inboxes that they never suspected. Insist that if they are the recipient to have them delete and end it there. Sending it on could be against the law.
Know who your children are spending time with — in person or electronically. History has shown that predators are especially adept at using the various forms of digital communication to prey on victims.
Check your child’s call logs and photos they keep in their cell phone. Occasionally check their online social network sites, and e-mail see with who and how they are interacting.
It’s OK. You are the parent and, if they are unwilling to share, consider it a red flag. You probably pay for the service and can certainly stop or limit their access.
It is up to you to set the expectations that they live by. To many of us this type of communication is a bit foreign but, as parents, we owe it to our children and ourselves to keep abreast of the technology that they use and be clear about correct and incorrect uses. It can also be fun and a good place to start some of those conversations we parents dread but have to have with our kids.
For general questions, please call my office at (530) 265-1301 or see the District Attorney’s Web site: http://mynevadacounty.com/da.
Clifford Newell, Nevada County District Attorney.