Ohio Seeks to Educate Teens in Effort to Curtail Sexting
Sexting, the act of sending sexually suggestive or explicit messages or photographs via mobile phones or over the internet, is a phenomenon that was unheard of until the recent explosion of cell phones and digital photography. Today, however, one in five teens have electronically sent or posted nude photos of themselves at some point. When minors voluntarily engage in sexting, it raises complicated issues regarding how they are to be punished under the law. An Ohio program for first-time offenders seeks to tackle this issue.
In Ohio, like most jurisdictions, sending or receiving sexually explicit images of minors is considered to be distribution or possession of child pornography. Accordingly, sexting by minors, whether by sending or receiving a sexually explicit photo, is a felony punishable by jail time and mandatory registration as a sex offender. However, many authority figures including parents, educators and prosecutors say that sexting is tough to punish under the law without destroying a young life in the process.
Mathias Heck Jr., prosecuting attorney for Montgomery County, Ohio, said, "We found, obviously, that the person who sent the picture...is just as culpable" as the one receiving the image. He said that charging juvenile first-time offenders with a felony is too harsh. A program in Ohio attempts to solve this problem. Launched in 2009, the program's goal is to educate, not prosecute, first-time teen offenders charged with sexting.
Ohio's Sexting Program
Under the program, a diversion officer with the prosecutor's office screens teens charged with sexting. If the teen is accepted into the program, they are supervised for a minimum of six months.
While in the program, the teen must surrender his or her cell phone and perform community service. In addition, the teen must undergo education courses about the legal consequences of sexting, effects on victims, age-appropriate sexual behavior and responsible use of cell phones.
If the teen successfully completes the program, he or she will either not be charged or the charges will be dismissed. If the juvenile fails to complete the program, charges will be filed with the juvenile courts.
An Attorney Can Help
It can be argued that voluntary sexting among teens, although a crime, should not be punished as severely as other sex crimes. However, in most jurisdictions, sending or receiving of sexually explicit images of a minor, even between consenting persons, can result in astronomical penalties. If you or your children have been charged with a crime such as sexting, contact a criminal defense attorney. A criminal defense lawyer can advise you of your rights and aggressively prepare a defense.