The Legal Aftereffects of Sexting

Because the developments in technology continue to outpace these in the law, state legislators, prosecutors, defense attorneys and judges are left to sort out the easiest way to use existing law to issues raised by new technology.This is unquestionably correct in cases of sexting, where sexually explicit photos or movies are sent via text to the others' mobile phones. As teens send pictures of themselves and forward intimate pictures of others to visitors and friends alike this practice has been commonplace in schools around the world. Teenagers may be involved by sexting sending racy pictures with their boyfriends or girlfriends. Sometimes, however, photographs may be obtained without the individual's knowledge or submitted to others without their consent, leading to embarrassment and disgrace once the material is seen by friends, classmates and family.The problem with giving this kind of material over cellular phones is that an photograph or movie can be hard to include after it has been sent. He or she is free to forward the material to the others, once one it is received by person. The photographs can be down load to home computers and delivered over e-mail or published on Web sites, like MySpace and Facebook. Even though an adolescent planned to deliver a sexually suggestive picture only to her companion, it may quickly be disseminated to 1 / 2 of the school - or hundreds more, with a press of a mouse.To make things worse, once these pictures move out, there might be no solution to destroy them. Even merely erasing the photos from the mobile phone or computer does not guarantee the photographs are gone forever.Sexting & Massachusetts Pornography Laws Currently, there are no regulations in Massachusetts clearly punishing sexting. If the sexually explicit content that is delivered via text message is of a child under 18 years of age, the behavior may be charged under the state's child pornography laws. Below is a short overview of these laws:MGLA 272 A28 - Matter damaging to minors, dissemination; possessionCannot send materials considered "harmful" to minors or have these materials in possession with intent to send them to minors As much as 5 years in jail or 2.5 years in prison $1000-$10,000 good for first offenseMGLA 272 A29A - Posing or showing a son or daughter in a of nudity or sexual conductCannot intentionally hire, force, get, encourage, purchase, use, trigger, promote or permit some one under 18 years old to be photographed naked, partially naked or in a Fertighaus act 10-20 years in prison $10,000-50,000 fineMGLA 272 A29B - Dissemination of visual content of daughter or son in state of nudity or sexual conductCannot purposefully discuss, deliver, present or otherwise share pictures, movies or other pictures that present an individual under 18 years old naked, partially naked or involved in other sexual conduct These materials are knowingly possessed by cannot with the intent to generally share them with others 10-20 years in jail $10,000-50,000 fineMGLA 272 A29C - Once you understand purchase or possession of visual material of son or daughter depicted in sexual conductCannot knowingly purchase or possess photography, video or other reproduction (including photos stored on a pc) of someone under 18 years old naked, partially naked, in a sexual context or engaged in just about any type of sexual conduct or "lewd exhibition" Up to 5 years in jail or 2.5 years in jail $1000-10,000 fine for first offenseUnder state legislation, confidence for anybody of these violations is a felony. There are number misdemeanor charges for child pornography. Additionally, child pornography crimes are sex crimes, therefore anybody convicted of a child pornography charge also must register as a sex offender for two decades following a conviction.Other possible consequences include: Consequence by college, including suspension and expulsion Denial of school entry Ineligibility for student school funding Restrictions on employment Restrictions on wherever you liveConsent by the minor isn't a valid defense to these charges. Which means that although the teen intentionally took the picture of him or herself, directed the picture or decided to allow the photo to be taken doesn't defend the one who took and/or acquired the photo from criminal justice. Massachusetts legislation specifically states that kids are considered unable to consent to using sexually explicit photographs taken of themselves.The state's pornography laws were not written to punish the sort of conduct youngsters take part in when sexting. While nearby prosecutors could choose whether to bring son or daughter pornography charges for sexting, they may feel compelled by the subjects' parents to bring legal charges. Parents likewise have the choice of seeking remedies from the school board, but some may experience this is not adequate punishment.Until the law catches up with technology and a proper legal punishment is defined under state law for sexting, it is essential that teens completely understand and appreciate the intensity of the effects for playing sexting. A conviction for a kid pornography crime and the stigma society attaches to such a conviction could adversely impact a teenager's life well into adulthood.