Illegal Nude Teens

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Dad's nude pics of unknowing daughter would now be considered illegal.
July 3, 2007 -- This story originally aired May 29, 2003.
Crystal's parents were away on vacation when she made a disturbing discovery on her father's computer: nude pictures — and she was the subject.
Crystal says her father, Ron, who had adopted her when she was a young girl, retrieved the pictures via a computer Web camera in her bedroom, which had previously been in his office. The photos stretched back five years, to when she was 19.
She made the discovery while her parents were on vacation. Crystal told her mother when they returned from their trip.
"When I think about it, I feel like I'm going to vomit," Crystal said.
Crystal would not give her last name to protect her family's privacy, and she didn't want pictures of her family, including her father, shown.
When Crystal tried to turn copies of the photos over to police to press criminal charges against her dad, she got another surprise. Under state law in Massachusetts, it was not a crime to take pictures of someone without his or her knowledge, even nude pictures.
At the time in 2003, Elizabeth Scheibel, Northwestern District Attorney for the Commonwealth of Massachusetts, told ABC News that state law had a major loophole. While it was a crime to make audio recordings of adults without their knowledge, people could take all the pictures they wanted without being arrested or prosecuted.
The trouble began when Crystal moved back into her family home in Easthampton, Mass., at age 19.
While she was gone, her father had used Crystal's old bedroom as his home office, complete with a computer equipped with a Web camera. When she moved back into her old room, his computer remained in her bedroom. Crystal had no idea that the Web camera could be on when the computer was off.
But one day Crystal was lying in bed when she noticed the lens of the camera that had been sitting on top of the computer was now aimed at her bed. Previously, it had always been pointed in a different direction.
Crystal then called her computer-savvy friend, Jordan Shapiro, to help her do a little detective work. Shapiro said the images he found shocked him.
"I found hundreds of pictures of Crystal," he said. "There were no photographs of her with clothes on. In every single one she was partially dressed, or getting undressed, or doing something undressed."
Crystal said she still can't believe that her father wouldn't face any criminal charges for taking the pictures. Since no formal charges could be made against him, the computer and all the images were returned to her father's possession.
"That made it even worse. That made it 10 times worse," Crystal said. "It's like being kicked twice. I didn't believe it."
Crystal said her mother filed for divorce, and her father moved in with his parents. She said her mother told her that her father said he took the pictures to make sure she wasn't using drugs.
Scheibel said the case still angers her, since she knew there was nothing she could do to help Crystal. "Our hands are tied," Scheibel said. "It's reprehensible. It makes people sick to know that this goes on."
Crystal's efforts to share her painful story with the world were eventually successful in encouraging Massachusetts lawmakers to pass legislation in 2004 that now makes it illegal for anyone to take nude photos of an adult without his or knowledge. Her father was never prosecuted for his actions.
"That's the point of this," Crystal said. "A lot of people didn't know it wasn't illegal. A lot of people thought it was illegal."

Bullying and Cyberbullying Resources, Research, and Help
You Received a “Sext,” Now What? Advice for Teens
If you are a teen and receive a sexually-explicit image of a classmate via your cell phone (or email, or instant message, or via a Nintendo Dsi, or any other type of electronic communication), what should you do? This can be a challenging situation, to say the least. We know that anywhere from 10-30% (or more) of teens have received such images, and many probably don’t know what to do. You have no doubt seen the examples in the media of teens being cyberbullied, arrested, or even committing suicide as a result of bad decisions involving the circulation of nude personal pictures. My thoughts here are intended to provide you (youth) with a specific and simple strategy to help avoid any of these consequences.

If you do receive such an image, odds are that it was sent by a good friend (or a boyfriend or girlfriend). As a result, you probably don’t want to get this person into too much trouble, but you also know that peddling in these kinds of pictures is probably not going to lead to great things in life (because if you think about it, it is highly inappropriate, morally wrong, and potentially illegal). So what do you do? Well, most adults might advise you to “tell an adult you trust.” This is generally good advice for a lot of problems you run into, however in the case of a naked photo of an under-aged youth, this can be devastating for all involved. For example, if you show the image to a teacher, he or she is likely required by law to report it to the police. Teachers who don’t can lose their teaching license and/or be fired. If they don’t know what to do and seek guidance from a fellow teacher, they could get into even more trouble. For example, if you hand your cell phone with the nude image over to the teacher, and he or she shows another teacher, both teachers (and you) could be charged with “possession” of child pornography since they had possession of your phone. That’s because the police often treat these images as child pornography – irrespective of the intent of the sender or the relationship of those involved. This means that if you take the picture, you can be charged with the “creation of child pornography.” If you send or forward the pic, you can be charged with “distribution of child pornography.” If you keep it on your phone, you can be charged with “possession of child pornography.” In some cases you could even end up on state sex offender registries.

My advice to teens who receive a nude or semi-nude image of a classmate is simple: immediately delete it. Don’t tell anyone about it. If there is an investigation and someone asks if you received the image, you should tell them yes, but that you immediately deleted it. If necessary, they can get your cell phone records from your service provider, and search the contents of your phone, which will show that you deleted it within seconds of receiving it. This is the best situation for you. Of course, some adults aren’t going to like this advice because they want to be in the “know” to attempt to deal with the problem, but I think it is the only safe advice I can offer youth at this point.

The primary goal in sexting incidents is to limit the victimization of the person portrayed in the image. If the individual(s) who initially received the image immediately delete it, there would be no distribution and victimization would be minimized. Be sure to tell your friends that it is in their best interest not to hold onto or send these kinds of images. It just isn’t worth the potential long-term and irreversible consequences to your (and their) reputation.

If you find out that your friends are continuing to distribute naked pictures of themselves or others, you would be wise to let them know how such behavior can seriously mess up their future. Strongly encourage them to stop and to delete the images. If you are concerned about the well-being of the person depicted in the images, you may want to anonymously report the behavior to your school (if there is a way to do this).

We have said it many times on this blog, but it bears repeating here that neither Sameer nor I are attorneys, so you should not interpret this blog as formal legal counsel. We are simply looking out for the best interests of teens and those who interact with them. Stay tuned for a follow-up post in the near future on what teachers should do if a student tells them (or shows them) a sexting image involving a student.

Postscript: I offer additional thoughts on this topic in the next post, which you can read here.
Don't respond and tell your parents before it's too late. you don't have to be cool to be sexted.
never or less about sexting it is cyberbullying, pornography and it is against the law plus never respond to it and also tell a parent immediatly it is never cool to have a sexted photo!! THUMBS UP IF YOU AND/OR PEOPLE IN YOUR COMMUNITY IS AGAINST BULLYING AND SEXTING!!
QUESTION: What steps do you recommend when finding out your child has SENT the sext message rather than RECEIVED it? (Besides private displinary actions at home, of course).
As a parent, I have found a LOT on SEXTING prevention and education regarding 'receiving' or keeping sexting messages. I found very little on what a parent should do if finding out your 16yo teen sent her own SEXT message (full nudity) to a 18yo boyfriend. (Evidence was found when I personally reviewed her sent box). I understand since the boyfriend is over 18, and sent from my daughter who is a minor, he is the 'victim' and my daughter would be looking at a felony (rather than a misdemeanor, since the alleged child-porn was sent to an 'adult'). Does anyone have any more insight on this?
I'm a parent, too. I can tell you that I have teens too, so please trust me, as I'm sure this is the best you can do, even though this didn't happen here.
Leave it alone. Leave the whole thing as-is. Don't even make your daughter aware you know it.
Maybe you think I'm crazy, but I seriously think that at 16, your daughter is mature enough.
I'm gonna also say, that you should also not review her box any more. Let the girl have some privacy.
Leave the whole thing alone. You're gonna do more harm than good if you go ahead with any other action you may be thinking about.
Also keep in mind, she needs to enjoy her sexuality. There are many ways in which she can do it. This is a fully respectable one.
Sexting is something I believe everyone is aware of but just not by that actual name. And I could just imagine how many individuals when having a hot new relationship committee this type of act. Sexually explicit message I believe has become a part of relationships and is now a huge trend with teenagers. And although many individuals have been charged with distribution of child pornography many others have been charged with possession also. Some states have proposed to lessen the penalty for sexting between two consenting minors and to make sexting a misdemeanor. But it is still a felony for a child to send these types of messages which could possibly get an individual placed on the states sex offender registry. I somehow totally disagree with penalties for sexting when it comes to adolescences. Although I do believe that for any crime if an adult is willing to charge a child with such a crime they should make it a point to educate them about the consequences first. Maybe if society takes the time to inform adolescences about the possible consequences then maybe this will lessen the violators.
Although it may be outrageous to believe but the practice of sexting is not as uncommon as many people may think. Sexting is the practice of sending explicit photos by means of text messages/email. A study by the National Campaign to Prevent Teen and Unplanned Pregnancy and Cosmo Girl found that 20% of teens and 33% of adult’s ages 20 to 26 have shared nude or semi-nude photos of themselves either by text messaging or by posting them online. Another Study by the Pew Research Center found that children as young as 12 years old who owned a cell phones say they have received some sort of sexually suggestive images through texting. I can’t imagine why a twelve year child would be allowed to have their own personal cell phone that is one device that can’t really be supervised by anyone.
WTF? Are you kidding me? I dont think that are 12 you are a child…
I found a very interesting article that talked about how serious sexting can turn into. Before when teenagers in high school like somebody a note was sent; now they start sending nude pictures. Something very sad about this article was the fact that teenagers have lost all respects about others people's privacy. For example, if a guy has a girlfriend during the summer, this guy would show all his friends nude pictures of this girl. I mean come on, she sent YOU those pictures not your friends. This article also talks about different 17, 16 years old guys that are facing long time in prison because posting nude pictures of their ex girlfriends. Teenagers think this is a joke or a revenge kind of thing if you girlfriend did you wrong, but they need to understand this is serious the consequences are serious. You might start posting nude pictures of other people as a joke, but you life can be permanently affected. Like in the case of a 17-year-old (in Wisconsin) who was charged with possessing child pornography after he posted naked pictures of his 16-year-old ex-girlfriend online. Teenagers need to be educated about what simple things like sexting can turn into.
Technology has advanced in such a way that benefits us all. However, the abuse of this same technology has harmed as well. It is really nice how we all can easily access to a computer to navigate in the Internet to do homework, stay in touch with others and make our lives easier. Cellphones are a great tool because it keeps us closed to family and others. However these two same great tools have been misused hurting out society. Computers are the most common, in my opinion, cyberbullying tool; when using computers people have access emails, chat rooms, rating websites, online gaming, instant messages, facebook and myspace. A bully would usually send a message through internet harassing the victim. Other way is through cellphones using text massages and picture messages. This is just an example to demonstrate how technology is something to be awarded of to use it wisely. a In chapter 2 we learn that Schools play an important role in teenagers develop. Bullying occurs in other places but cyberbulling is related with Schools. Cyberbulling has some specific issues. One is Anonymity, technology offers the opportunity for bullies to maintain anonymous or sometimes to use fake identities. Another issues is the lack of supervision. A very common situation is when parents lack this supervision because the lack of computers skills. In many occasions teenagers know a lot more about computers than their parents. Virtual natures refers to the easily access to spread a message in only seconds. Limitless victimization risk refers to how one can be humiliated and have no escape. In this chapter I learned about others common forms of cyberbullying. Photoshopping is when they crop your picture and set it on other background making a fake illusion of a wrong doing. Happy-Slapping combines the regular bullying with cyberbullying. This is when some one is getting physical harassed and recorded at the same time. Then this video goes online where millions of people can access it. I have learned through this chapter that cyberbullying is actually more serious than what i thought. Cyberbullying can cause physical harm offline which is extremely serious even when it involves other people than the victim. It is very sad to see how things that are supposed to be fun and for our benefit can be turn into something really bad and even sometimes evil.
Sexting is the sending or receiving of nude or seminude pictures. This usually starts in romantic relationship but some how these pictures find their way to the hands of others. Recent studies show that every 3 out of 4 teenagers own a cell phone. Teenagers send and receive and average of 3000 text messages a month. These statistics seem to increase and increase. There have been some formal and informal responses to this matter. Criminal prosecution against teenagers who engage in sexting is an option. However, there have issues about the ages to be prosecuted and controversy among the different laws that were created to protect teenagers from adults. Schools also have an important role in this problem. Adults need to learn how to quickly react when they face sexting. Teachers and school stuff should work with other school resources to collect any evidence and investigate the matter. Student and parent should be contacted. It also suggests that districts have their own anti-sexting policies. However, it is also learn that not only policies and rules can prevent this matter even thought they play am essential key. Education is very important. Teenagers need to be taught how to use technology its disadvantages and advantages. The goal should be to change perceptions. It perfectly shows the mentality these teen girls have. It is really sad that young girl do these things. However, in my opinion I believe what it is the worst is the fact that they think is normal. Like it was mention on the first article, a switch of perception is very needed here. Teen girls should not think or have these kinds of beliefs. The third article is moreeeeee upsetting. To be honest, I did not even want to finish reading it. That picture of these girl dresses like that really bothered me. In my opinion this whole sexting problem needs to start getting prevented way before middle school. If parents allow these little girls dress like this how can they not expect worst things as these girls grow up.
It's hard to limit the victimization of a person who falls victim to sexting. The obvious precautions to take when participating in online activities would be – be careful what you send, and to whom you send it to. Victims of sexting continue to be re-victimized every time they see or hear of the photos. I was so intrigued by the idea of re-victimization because I never really thought about it before. Victims of cyberbullying face serious psychological harm because they’re constantly reliving their experience. These acts – regardless of if it’s teasing a classmate or circulating photos – have longterm effects (on the victim). In an odd way, it seems like a never-ending cycle: the victim gets cyberbullied, they try to overcome their victimization, but they end up re-living it. The best advice would be to delete the picture immediately.
Sexting has become a major issue in todays schools and society. Growing up in the 90s and having my very first cell phone in 2002 sexting was never heard of. Now with the enhancement of technology and the creation of todays "smartphones" sexting seems to be the norm. As normal as it is for some to send their friends, boyfriends, girlfriends, etc naked pictures, sexting has become a crime. Young teens are getting arrested for post
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