The Times is doing a series of articles highlighting common laws and rules. Today, we examine '"sexting." To suggest a law for The Times to highlight, contact the writer.
Teenagers who use their cell phones to send sexually suggestive pictures of themselves or receive such pictures from a friend could find themselves facing child pornography charges.
Teens face the possibility of having to serve prison time and register as a sex offender.
The texting of sexual pictures has become such a phenomenon that it has been given a name - sexting. A national survey found 20 percent of teens have texted or posted online nude or semi-nude photographs of themselves.
Porter County Prosecutor Brian Gensel said Indiana's possession of child pornography law states it is illegal to make or transfer sexual material involving a child under 18 years of age. The offense is a felony, punishable by up to eight years in prison. It is a felony, punishable by up to three years in prison, to possess sexual material involving a child under 16 years of age.
Young people could also face federal charges.
Valparaiso attorney Bryan Truitt said if a girl sends naked pictures of herself to her boyfriend, the girl could be charged with distributing child pornography and the boy could be charged with receiving child pornography. In each case, the charge carries a mandatory minimum sentence of five years in prison. Possession of child pornography carries a prison term of up to 10 years federally, Truitt said.
There is, however, some resistance against prosecuting teens for sexting.
Truitt said there is a case from Pennsylvania in which some teens shared pornographic pictures of themselves and faced charges. The American Civil Liberties Unit requested an injunction to stop the prosecution and a federal judge recently granted it, Truitt said.
Gensel, who belongs to the National District Attorneys Association, said the association's trade publication recently featured a column on sexting which highlighted Montgomery County, Ohio, Prosecutor Mathias Heck Jr.'s implementation of a "diversion program" for sexting cases.
Young people who enter the diversion program undergo education on appropriate sexual boundaries and related topics, do community service and relinquish their cell phone for a period of time. If the program is successfully completed, the charges are dismissed or never filed.
Gensel said none of the police agencies in Porter County have brought him any sexting cases to prosecute, but he agrees with Heck that there needs to be some "tempering" of prosecution so some foolish, consenting behavior doesn't have long-term ramifications on young people's lives.
