The material in question can be used for blackmail and other means of gaining leverage on an individual depicted in the explicit material.The advent of digital photography and webcam transmissions for home use has also made the creation of explicit material far easier for minors and which leads to the material in question to be easily reproduced.He discovered one lewd, but non-explicit photo on a student’s phone.He was instructed to save the photo as evidence although the investigation was inconclusive.For other jurisdictions, the law remains vague and subject to the judgment of prosecutors, most of whom file charges to teach the offenders a lesson but enforce lesser punishments, such as probation.Let's be perfectly clear: Sexting will never be 100 percent safe.Especially for minors, age may become a factor and child pornography statues may be considered, even if the individual possessing the material is also a minor.This is a felony crime and could subject the offender to a lifetime on the sex offender registry.
Other bills, such as one introduced in Vermont would legalize sexting between two individuals but would bar further distribution of the material.The parents refused and the ACLU stepped in, charging the prosecutor with violating the girl’s civil rights.The suit filed by the ACLU disputes that the images are pornography as neither sexual activity or genitalia are depicted in the pictures.Wyoming County, Pennsylvania - The American Civil Liberties Union helped three teenage girls file federal suit against a local prosecutor that threatened to prosecute them under child pornography law.Explicit photos of the girls were found on cell phones belonging to other students at their school, which promoted the prosecutor, District Attorney George Skumanick Jr to investigate.Local law enforcement became involved after a complaint from a parent and they also concluded the picture to be non-explicit.This did not stop an overzealous prosecutor from filing charges against Oei for misdemeanor failure to report child abuse for not notifying the parents of the girl in the photo (although he was unaware of her identity) After refusing to resign, the prosecutor dropped the misdemeanor charge and upgraded the charges to possession of child pornography, a felony offense punishable by five years in prison.Some lawyers and legal experts have since campaigned to excuse minors from these charges or to lessen the charges to a misdemeanor.No federal remedy has yet to be prescribed that would standardize the legal penalty for the creation, transmission or possession of explicit material between minors. Studies have shown that at least a quarter to a third of teenagers and young adults have sent explicit photos of themselves and more than half have sent suggestive or explicit text messages to another individual. South Riding, Virginia - Ting Yi Oei, an assistant principal at Freedom High School investigated allegations of sexting among the students.They also argued for a violation of the fourteenth amendment which reserves a parent’s right to raise their child by trying to force the girls into a mandatory education program.The ACLU won an injunction against the further prosecution of the case in the United States Court of Appeals for the Third Circuit and the prosecutor was voted out of office. Miller) Prosecutors across the country have charged teens with varying degrees of child pornography production, distribution and possession which many legal experts believe is a gross distortion of a law meant to protect minors from predatory adults.