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Ellen Belcher is the Dayton Daily News opinion pages editor. She writes about state government, education, the environment, higher education and all things Dayton.
Martin Gottlieb is an editorial writer and columnist for the Dayton Daily News opinion pages. He focuses on the political process itself and does such national issues as war, the economy, taxes and Social Security, as well as a hodge-podge of local and state issues.Home > Blogs > A Matter of Opinion > Archives > 2009 > March > 14
Saturday, March 14, 2009
Editorial: Sexting teens are flirting with a felony
Lucky for us there weren’t cell phones, digital cameras and the Internet when we were kids. Every time another teen’s bad decision becomes an Internet-age news story, adults think, “There but for the grace of God — and age — go I.”
The sexiest national news story of the moment is the teen craze known as “sexting,” sending racy photographs via cell phone text message or over the Internet. The Montgomery County prosecutor’s office and juvenile court recently created a diversion program that gives sexting offenders the chance to avoid a criminal record.
That good move is a recognition that child pornography laws weren’t designed to nail kids who think they’re cool by disseminating titillating photos of themselves or others.
But it’d be even better if there were a way to persuade teenagers of the dangers of being cute in the cyber age.
Youthful indiscretion is timeless. For prior generations, however, embarrassing incidents were usually limited to a small circle.
That era is over. Today’s teen mistakes can go instantly global — and they can remain online forever.
Moreover, there can be legal consequences.
In Ohio, the law makes no distinction for age or circumstance when it comes to the transmission of child porn and “erotic” images of people who are underage. Offenders can get slapped with a felony and the label of “sex offender,” requiring them to register with the police for up to 20 years.
Though prosecutors do have latitude in the charges they bring, judges don’t always have the discretion to take into account adolescents’ willingness to flirt with danger, especially if someone ends up getting hurt.
Across the country, there are scores of examples of sexting gone awry.
In extreme cases, serious crimes may be connected to the practice, if victims are coerced or harassed.
Just last year at Cincinnati’s Sycamore High School, an 18-year-old girl killed herself after a nude picture of her was circulated electronically by an ex-boyfriend and she was bullied by schoolmates.
Frequently, “victims” actually have taken and sent the offending images themselves. But receivers can be in trouble, too, depending on what they do with the pictures.
Police departments from across the county have asked Prosecutor Mat Heck for guidance. Sometimes the issue comes up because an image is discovered in a lost cell phone. Or perhaps a phone is seized at school. Are these images criminal?
Mr. Heck’s office has gotten that question about a half dozen times — in cases involving both boys and girls.
The diversion program will not be used for offenders who are stockpiling and transmitting pornographic photos. But law enforcement will have another — better — option for dealing with teens who weren’t thinking.
To avoid a conviction, they’ll have to complete a six-month program of community service and education; lectures on practicing “safe text” — as Milwaukee has dubbed its public education campaign — is part of the program.
The legal process needed adjusting. Mr. Heck is reading sense into the law.
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