“Sexting”Balancing the Law, Teens and

Technology

Contact Information

• Chris Lobanov-Rostovsky, SOMB

chris.lobanov-rostovsky@state.co.us• Scott Hefty, City of Lakewood

scohef@lakewoodco.org

So What is “Sexting” Anyways?

“Sexting” is the sending of nude or sexually suggestive pictures by

electronic means (i.e. cell phone or other electronic devices) to

another person.

Sending sexual images of minors (under the age of 18), even of yourself, is against the law. Teens who exchange sexually explicit photos of themselves via cell phone or other electronic device can be and have been charged and adjudicated for Sexual Exploitation of a Child, which requires registration as a sexual offender in Colorado.

The original intent of the Sexual Exploitation of a Child law, which fits the facts of most of these “sexting” cases, was written to charge adult sexual offenders with the exploitation of a child victim.

But in the brave new world of camera/video cell phones and other amazing technology, some teenagers have started “sexting” and while most teens know that “sexting” can have serious negative social and legal consequences, most do not think it is a big deal. But it is!

So what's the big deal? How fast can a

picture or text get passed around

(going viral) anyways?

How fast/far it travels6 friends

36 friends of friends

1,296Friends of Friends of Friends of Friends

7,776Friends of Friends of Friends of Friends of Friends

Eeeww

16 year old girl

Production of Child

Pornography (F3)

Distribution of Child Pornography

(F3)

Possession of Child

Pornography (F6)

Possession (F6) Possession (F6)

Dis

trib

utio

n

Legal Consequences

Phillip Alpert18 Y/O Senior @ Ocoee HS, FLA

Has a Nude Photo of hisGirlfriend of 2+ years

Has an argument with his

girlfriend late one night And sends nude photo out of

anger to her friends

ConsequencesArrested and

charged

The Outcome

Phillip is now a Registered Sex

Offender and his registration information

is posted on the internet.

Some of the Consequences for a Sex Offense

Adjudication

What does it mean to be a Registered Sex

Offender?

• The Juvenile shall submit to any program for psychological or physiological assessment

• No contact with children three or more years younger than themselves

• No internet or cell phone use

• Mandatory disclosure to any potential dating partner / Mandatory disclosure to your employer

• Genetic Marker Testing

• In Colorado there are over 37 special Terms and Conditions for registered juvenile sex offenders

• Registration as a sex offender for a minimum of 2 years to life

SocialConsequences

Real Life Stories Jessica LoganA Senior @ Sycamore HS

Nude PhotosBoyfriend of 2 months

They BreakupHe sends the photo’s

of Jessica to get back at her

The ConsequencesVicious, unrelenting

taunts

The Outcome Suicide

So should you keep it or delete it?

How can possibly I say

no to my boyfriend?

Here are some ways!I already said no

Hold on, let me ask my

mom

I’m

worried

they’ll get

passed

around

schoolI’m camera shy

Sorry, my webcam is

broken

Differences Between Sexting and Voyeurism

• Voyeurism involves viewing or taking a picture of another unknowingly

• Sexting involves an individual taking their own picture and sending it to another person or posting to a website

• Voyeurism dynamics are more consistent with other forms of sexual offending, while the sender of the sexting may not have these characteristics

Sexting Dynamics to be assessed for the producer

(picture taker) • Motivation for taking the picture and sending it (e.g.

relationship factors)• Level of pressure applied to the picture taker to take

and send picture• Age, and power differences between the parties

involved• Issues of need for peer acceptance and self-esteem• Response to the distribution of the picture (e.g.

suicide threats, self-harm, depression, social isolation, etc.)

Sexting Dynamics to be assessed for the distributer

• History of prior sexual offenses, whether charged or uncharged

• Use of force, threats, coercion, or illicit substances to obtain the photos

• History of prior non-sexual offense history• Age, and power differences between the parties

involved• Emotional motivation for distribution (e.g. anger)

Sexting Dynamics to be assessed for the end receiver of

the picture • What did the receiver do with the picture? (e.g.

keep it, show it, send it)• History of prior sexual offenses, whether

charged or uncharged• History of prior non-sexual offense history• Disclosure of picture (e.g. authority, peers,

parents, etc.)

OMG, teens R “sexting”

Resources for Parents

School Safety Resource Center http://safeschools.state.co.us/

NetSmartz - http://www.netsmartz.org/Parents

Additional Resources for Parents

www.connectsafely.com

Additional Resources for Parents

www.connectsafely.com

Safe2Tell - http://safe2tell.org

Additional Resources

Victim Resources

Each jurisdiction has community-based victim service providers, which may be accessed through COVA or CCASA

http://www.coloradocrimevictims.org/

Impact of and Resources for Bullying

Social consequences (e.g. future employment, school attendance, ostracization)

Research on cyber-bullying has found that students involved are more likely to:• Be unwilling to attend school• Receive poor grades• Have lower self-esteem• Have more health problems

Alternatives to Retaliation/Distributing the Picture

• Think of the consequences; Talk to someone in authority or a trusted peer; Take a time out; Express your feelings appropriately

• Consider how you would feel if

it was a picture of you.• Think before you Act• Identify possible solutions• Stick with 'I' statements

What to do if you are aware of sexting?

• Talk to a parent or authority figure• Don’t encourage or support peer pressure,

or the behavior• Recognize the negative impact of sexting

on the picture taker, and encourage her/him to obtain support and help

• Add others

What would you do if you

were aware a

friend was sexting?

Talk to a parent or authority

figure:NEVER

forward a sexually explicit picture!