Parents and Students and Administrators and...Sexting?
Posted By Attorney Shawn Curry on May 12, 2010 8:31am PDT
Lions and tigers and bears...oh my!? Dorothy is nowhere in sight and this is neither a dream nor a joke. The recent phenomenon of sexting makes the consequences no less real. In fact, you do not need to look very far to find out how harsh this reality is, as parents, students, and administrators in the Susquenita School District are experiencing the sexting impact first-hand. (See The Patriot-News article, "Authorities investigate Susquenita High School officials' handling of images during sexting investigation," http://www.pennlive.com/midstate/index.ssf/2010/05/authorities_are_investigating.html)
As defined by Wikipedia, "[s]exting is the act of sending sextually explicit messages or photographs, primarily between mobile phones." In the initial sexting investigation at Susquenita High School, police alleged that nude photographs and a video portraying a sexual act where the students involved were under the age of 18 were taken and shared among other students. As a result, several students were charged criminally with "sexual abuse of children."
"Sexual abuse of children," by its legal definition, encompasses both the viewing and dissemination or transfer of images depicting a child under 18 in the performance of a sexual act or simulation of the same. 18 Pa.C.S.A. ยง6312. In essence, this charge is what many would refer to as "possession of child pornography." As if the words alone are not stigmatizing enough, a child under 18 charged with this offense could become involved in the juvenile justice system, which may subject the child to possible detention in a juvenile facility, future sex offender registration requirements, and/or a felony, criminal record.
Now, as referenced in the above-article, the Susquenita High School investigation has taken a new turn with the focus on administrators. If the investigation uncovers improper transfer of the sexting materials by adult administrators, they too could be charged with sexual abuse of children. For an adult, a conviction for this charge could mean jail time, mandatory sex offender registration, and/or a felony, criminal record.
Sexting is real. Its consequences are real. And, what may start out as an innocent joke without malice or ill-will can result in anything but a joke. Thus, equipped with this new information and this horrible reality brought to light, parents need to educate their children of the dangers of sexting.
If you, your child, or someone you know has become the target of a sexting investigation, no statements should be made to any investigating agency and Pennsylvania Criminal Defense Attorney Shawn M. Curry with Colgan Marzzacco, LLC, should be contacted immediately.