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Social Networking Sites, Texting, Sexting, and Crime
Information posted on social networking Web sites like Facebook and MySpace has been utilized in the criminal investigation and prosecution of some site users.
August 07, 2009 /Parenting PR News/ -- Social Networking Sites, Texting, Sexting, and Crime
Article provided by James M. Porfido, Attorney at Law
Visit us at www.porfidolaw.com
Social networking sites have reconnected old friends and acquaintances, built online communities who share interests and triggered new ways to communicate and convey information. However, these sites are also increasingly being used in legal and criminal investigations. Information posted on sites such as Facebook and MySpace have been utilized to prosecute users of these Web sites.
There have been some prominent cases of students facing criminal charges or adverse consequences for posting allegedly defamatory, threatening or indecent messages on social networking sites. In one case, an Indiana teenage girl posted expletive-filled comments on a fake MySpace page professing to be her former middle school principal. A judge found that the comments were criminal harassment. The decision was later reversed on appeal, finding that the comments, which challenged the school's anti-piercing policies, were political speech and protected under Indiana's Constitution
Forty-six states currently have stalking or harassment laws that specifically include forms of electronic communication. State laws that do not include specific references to electronic communication may still apply to people who allegedly threaten or harass others online. Definitions of criminal harassment vary from state to state, usually including persistent and threatening communication. Many users of social networking sites could be posting messages, which may constitute criminal harassment, even if these messages may be taken out of context or misconstrued by recipients.
What is Sexting?
Sexting is the act of sending sexually explicit messages or photos via cell phone or posting these images on social websites. In some cases, the photos are sent to harass other teens or to attract attention. Sometimes they're used as a high-tech way to flirt.
Sexters may be violating state and federal child pornography and exploitation laws relating to the manufacturing, distribution or possession of child pornography or exploitation of a minor. An Indiana teenage boy was indicted on felony obscenity charges for allegedly sending a photo of his genitals to several female classmates. In a similar case, another boy was charged with child pornography.
A 2008 survey indicates that about 20 percent of teenagers have sent nude or seminude pictures of themselves to friends or posted one on a Web site. A 14-year old New Jersey girl was arrested earlier this year for posting nude pictures of herself on MySpace. She was charged with child pornography and distribution of child porn for allegedly posting almost 30 explicit pictures of herself. She later was placed on probation and ordered to receive counseling.
Other recent juvenile defendants include four Alabama middle-school kids who exchanged nude photographs of each other and a New York teenager who forwarded a nude photo of his girlfriend to his friends. In New York, the youth faces the possibility of seven years in prison.
Consequences of Texting and Social Networking Crimes
The consequences could include a prison sentence and having to register as a sex offender under Megan's Law. Megan's Law refers to laws in the U.S. mandating that law enforcement authorities provide information to the public about registered sex offenders. States decide what information will be made available and how it will be conveyed. Typical information provided is the offender's name, picture, address and nature of the crime. This information is usually displayed on free public websites and may be published through other avenues.
Convicted sex offenders are also required to notify local law enforcement of any change of address or employment after being released from custody. This notification period may be permanent, or for a fixed period of time. This is a severe consequence for a young person who is not cognizant of the repercussions of sending sexually explicit pictures with their cell phone. Being a registered sex offender may hamper employment prospects, make it more difficult to find a place to live and leave a person stigmatized for life.
If you or your children are involved in social networking sites or possibly engage in sexting, it is vital to protect yourself and your rights. Contact an attorney to learn about the laws and penalties, which could apply to you or your child. An attorney will be able to answer your questions, discuss your legal options and help you protect yourself or your child.
Article provided by James M. Porfido, Attorney at Law
Visit us at www.porfidolaw.com
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