Should Teenagers Be Prosecuted For "Sexting"?

By Daniel Smith | 4/08/2009 08:10:00 AM

(CNN) -- When Vanessa Hudgens' naked photos hit the Internet, the "High School Musical" star quickly apologized. But sending nude or seminude pictures, a phenomenon known as sexting, is a fast-growing trend among teens.

The National Campaign to Prevent Teen & Unplanned Pregnancy, a private nonprofit group whose mission is to protect children, and CosmoGirl.com, surveyed nearly 1,300 teens about sex and technology. The result: 1 in 5 teens say they've sexted even though the majority know it could be a crime.

Phillip Alpert found out the hard way. He had just turned 18 when he sent a naked photo of his 16-year-old girlfriend, a photo she had taken and sent him, to dozens of her friends and family after an argument. The high school sweethearts had been dating for almost 2½ years. "It was a stupid thing I did because I was upset and tired and it was the middle of the night and I was an immature kid," says Alpert.

Orlando, Florida, police didn't see it that way. Alpert was arrested and charged with sending child pornography, a felony to which he pleaded no contest but was later convicted. He was sentenced to five years probation and required by Florida law to register as a sex offender.

"You will find me on the registered sex offender list next to people who have raped children, molested kids, things like that, because I sent child pornography," says Alpert in disbelief, explaining, "You think child pornography, you think 6-year-old, 3-year-old little kids who can't think for themselves, who are taken advantage of. That really wasn't the case."

Alpert's attorney Larry Walters agrees and he's fighting to get Alpert removed from Florida's sex offender registry. The law lags behind the technology, he says. "Sexting is treated as child pornography in almost every state and it catches teens completely offguard because this is a fairly natural and normal thing for them to do. It is surprising to us as parents, but for teens it's part of their culture."

In many states, like Florida, if a person is convicted of a crime against children, it automatically triggers registration to the sex offender registry. Thirty-eight states include juvenile sex offenders in their sex offender registries. Alaska, Florida and Maine will register juveniles only if they are tried as adults. Indiana registers juveniles age 14 and older. South Dakota registers juveniles age 15 and older. Most states allow public access to sex offender registries via the Internet and anyone with a computer can locate registered sex offenders in their neighborhoods.

A number of states have elected not to provide Internet access to registries; Florida is not one of them. There is no hiding for Alpert, whose neighbors, he says, all know. "I am a sex offender. If you type my name into the search engine online, you will find me."

As sexting incidents pop up around the country, prosecutors are trying to come to terms with how these cases should be handled. George Skumanick Jr., a district attorney from Wyoming County, Pennsylvania, took a novel approach when 20 students from Tunkhannock High School were caught allegedly sexting.

He gave them a choice: probation and re-education classes or be charged with sexual abuse of a minor. "An adult would go to prison for this," says Skumanick, adding, "If you take the photo, you've committed a crime. If you send the photo, you've committed a different crime, but essentially the same crime."

Critics, however, say child pornography laws on the possession or dissemination of graphic images were never meant to apply to teen sexting and that these teenagers usually have no criminal intent when they send pictures to each other.

In light of this latest news, here is my question to you:-

Question:- Should teenagers be prosecuted for "sexting"?

Please leave your comments expressing your opinions.




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3 comments
  1. Anil Singh April 8, 2009 at 8:39 AM  

    I think the guy is old enough to take responsibility of his acts. It's not about whether he's done wrong this time. It's more about the values the boy has got during his up bringing. This shows a general disrespect towards the opposite sex.

    The court is right in awarding the probation and the other punishment.

  2. Kimmy July 6, 2009 at 9:48 PM  

    Personally, I would prefer teens not participate in sexting because there is nothing positive that comes from such an act.
    But by the same token, I do not feel teens should be treated like pedophiles for sending their naked images via text either. I think a few variables come into play here that should be addressed before slapping a general law or broad stamp on those who "sext".

  3. Elizabeth August 3, 2009 at 6:37 PM  

    Unfortunately, I think it is necessary. We have to remember, that this is to protect them from having their images on the intent and in the hands of perverts and child molester. I don't think they should be a registered sex offender the first time they get charged. Repeat offenders should.

    Great subject.