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Parental Responsibly Implies Being Aware Of Where Children Are And What They Are Doing With Their Mobile Phones And Computers.
Sexting that involves people sending explicit pics of themselves to their peers has led to a legal grey area in states which have tough anti-child pornography legislation, like the United States. A number of teens who have texted photos of themselves, or of their friends or lovers, have been charged with distribution of child pornography, although all those who have received the images have been charged with possession of child pornography; in some cases, the possession charge was put on school administrators that have investigated sexting incidents as well. The photos involved in sexting are frequently distinct both in character and motivation from the type of subject matter that anti-child pornography laws and regulations were developed to target. Parents have legal and ethical responsibilities for stopping or at least minimizing Sexting.
Sexting is a result of developments in technology permitting new forms of social interaction. Messages with sexual content are already exchanged over all kinds of historical media. Modern technology enables images and videos, which are inherently far more explicit and have larger impact. A social hazard with sexting is the fact that material are often very simply and widely disseminated, that the originator has no control.
In 2008, a Virginia assistant principal was arrested for having child pornography and related offences after he had been asked to investigate a rumored sexting event at the high school where he worked. Upon finding a student in possession of a photo on his phone that depicted the torso of a girl wearing only underpants, her arms mostly covering her breasts, the assistant principal showed the image to the principal who instructed him to preserve the image on his computer as proof, which he did. The court later decided that the photograph failed to amount to child pornography because under Virginia law, nudity on it’s own is not sufficient to qualify images as child pornography; the picture must be “sexually explicit”. Loudoun County Prosecutor James Plowman stands by his original evaluation of the photograph and claims he would not have pursued the case if the assistant principal had agreed to resign. Instead, the assistant principal got a second mortgage on his house and spent $150,000 in attorneys’ fees to clear his name.
The American Civil Liberties Union of Pennsylvania filed a lawsuit against Wyoming County District Attorney George Skumanick Jr. on March 25, 2009, for threatening teenage girls who were the subject of apparently sexy photos with prosecution on child pornography charges if they didn’t undergo a counseling program. The case is Miller, et al. v. Skumanick. Skumanick claimed in an interview with Julie Chen on CBS News’s The Early Show that his office chose to make an offer of limiting penalties to probation should they go to a sexual harassment program. The girls and their parents won a judgment that blocked the district attorney, who appealed. It is the first appeals court case involving sexting.
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