In recent years technological advancements have become utterly mind-boggling with video game systems, computers and cell phones having the capability to do most anything imaginable. Hypothetically, consider the consequences of turning an adolescent loose on the highway in a Ferrari or Lamborghini; sports cars capable of speeds in excess of two hundred miles per hour. That’s the terror we currently face when children are combined with increased-capacity technical devices allowing access to the internet and the unrestricted freedoms accompanying technology unbridled.
As has been the case with most endeavors concerning people, we choose to not only explore the boundaries but are invariably led to test them as well. This brings me to a point of serious concern regarding a growing phenomenon among today’s youth. The practice of sending sexually explicit messages via a cell phone or instant messenger that has become the latest craze among tweens and teens known as “sexting.” With cell phones now having the capability of snapping photos, recording videos, and/or transmitting both, the practice of sending these photos and video images has dramatically increased among adults, and especially teens.
Until the 2013-2014 Session when Georgia House Bill 156 was passed by the state legislature, sexting was illegal under federal law. It fell under the auspices of creation, distribution and possession of child pornography; classified as a felony offense. Prior to the change in the law, many prosecutors sought conviction for both those taking the pictures and those possessing them. Under new state legislation, consequences for the offense in Georgia are somewhat less life-altering. An excerpt of “House Bill 156 (AS PASSED HOUSE AND SENATE) By: Representatives Neal of the 2nd, Atwood of the 179th, Nix of the 69th, Hitchens of the 161st, and Hightower of the 68th. A BILL TO BE ENTITLED AN ACT (1) To amend Part 2 of Article 3 of Chapter 12 of Title 16 of the Official Code of Georgia (2) Annotated, relating to offenses against minors generally, so as to modernize provisions of (3) the Code relating to sexual conduct and technology; to provide reduced punishment of (4) certain crimes committed by children; to clarify certain acts as the elements of unlawfully (5) seducing, soliciting, luring, or enticing a child through use of a computer, Internet service, (6) or similar service; to revise definitions; to provide reduced punishment of certain crimes (7) committed by children; to clarify certain acts as the elements of unlawfully seducing, (8) soliciting, luring, or enticing a child through use of a computer, Internet service, or similar (9) service; to provide for related matters; to repeal conflicting laws; and for other purposes….”
Thankfully, this legislation allows law enforcement agencies to address what has become a growing concern on a more level playing field. Some states have since adopted similar laws prescribing penalties specifically directed at teenagers or adolescents who send sexually explicit photos to peers. These laws lessen the severity of penalties for teen sexting than cases of adults sending similar photos to a person who is under-age. In some cases though, sexting can still qualify as being against federal law. Depending on the age differences of the persons sending and/or receiving the explicit photos, an individual can face felony charges; requiring them to be a documented registered sex offender.
The National Campaign to Prevent Teen and Unplanned Pregnancy and CosmoGirl participated in a joint study determining 20% of teens between the ages of thirteen and nineteen and 30% of young adults between the ages of 20 and 26 have posted nude self-images on-line or shared them via text.
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