Sexting

Sexting in Indiana

What is sexting?

Sexting is defined as the act of transmitting sexually explicit messages, primarily through the use of cell phone text messaging. The messages usually contain illicit photographs or video links depicting the person sending them. They can be sent from one person to another, and sometimes they may be sent to mass recipients.

State law currently allows for the prosecution of individuals – regardless of age – caught sending or receiving sexually explicit images of a minor.

IC 35-42-4-4

Child exploitation; possession of child pornography; violation classification; exemption; definitions

Sec. 4.

(a) As used in this section:

“Disseminate” means to transfer possession for free or for a consideration.

“Matter” has the same meaning as in IC 35-49-1-3.

“Performance” has the same meaning as in IC 35-49-1-7.

“Sexual conduct” means sexual intercourse, deviate sexual conduct, exhibition of the uncovered genitals intended to satisfy or arouse the sexual desires of any person, sadomasochistic abuse, sexual intercourse or deviate sexual conduct with an animal, or any fondling or touching of a child by another person or of another person by a child intended to arouse or satisfy the sexual desires of either the child or the other person.

(b) A person who knowingly or intentionally:

(1) manages, produces, sponsors, presents, exhibits, photographs, films, videotapes, or creates a digitized image of any performance or incident that includes sexual conduct by a child under eighteen (18) years of age;

(2) disseminates, exhibits to another person, offers to disseminate or exhibit to another person, or sends or brings into Indiana for dissemination or exhibition matter that depicts or describes sexual conduct by a child under eighteen (18) years of age; or

(3) makes available to another person a computer, knowing that the computer’s fixed drive or peripheral device contains matter that depicts or describes sexual conduct by a child less than eighteen (18) years of age; commits child exploitation, a Class C felony.

(c) A person who knowingly or intentionally possesses:

(1) a picture;

(2) a drawing;

(3) a photograph;

(4) a negative image;

(5) undeveloped film;

(6) a motion picture;

(7) a videotape;

(8) a digitized image; or

(9) any pictorial representation;

that depicts or describes sexual conduct by a child who the person knows is less than sixteen (16) years of age or who appears to be less than sixteen (16) years of age, and that lacks serious literary, artistic, political, or scientific value commits possession of child pornography, a Class D felony.

(d) Subsections (b) and (c) do not apply to a bona fide school, museum, or public library that qualifies for certain property tax exemptions under IC 6-1.1-10, or to an employee of such a school, museum, or public library acting within the scope of the employee’s employment when the possession of the listed materials is for legitimate scientific or educational purposes.

As added by Acts 1978, P.L.148, SEC.5. Amended by P.L.325-1983, SEC.1; P.L.206-1986, SEC.1; P.L.37-1990, SEC.25; P.L.59-1995, SEC.3; P.L.216-1996, SEC.19; P.L.3-2002, SEC.2; P.L.216-2007, SEC.43.

Resources:

• http://www.realpsychology.com/content/tools-life/sextingis-it-all-about-power
• http://www.safetyweb.com/prevent-teens-sexting
• The Reality of Teens & Sexting (pdf-429K)

The ‘sexting’ revolution

Reprinted with permission from the Indiana Daily Student – IDSnews.com

By Mitchell Fiandt | IDS | March 30, 2011

“Sexting” has become a hot-button issue in the growing divide between parents, their kids and the use of technology. Parents are oblivious more often than not when it comes to how their children are “socializing.”

Before texting it was instant messaging, emails or just plain phone calls. Now, it’s incredibly convenient — since our phones are usually always with us — to simply  “sext.”

Oh, the things that technology has provided us to fill the void.

It’s funny that now, six years after my generation of youths had experienced “sexting” in some form before the age of eighteen, that parents, administrators and even police, are just now realizing what kids can do with their phones.

Today, the average age of a child getting their first cell phone is 8. If 8 years old is the average, then those kids are going to learn, see and hear about things sooner than kids without cell phones and computers. In the digital age, things can spread incredibly fast.

It doesn’t shock me that “sexting” has become an issue in schools, in that it’s a viable way to show your sexual status. As Rick Peters, a senior deputy prosecuting attorney, stated, “It’s an electronic hickey.” It’s also a way to fire ammunition against  somebody.

In a recent New York Times article, “sexting” has been addressed to target viral harassment and child pornography. Three eighth-graders were arraigned by a judge and sent to juvenile detention for a night after sending a mass photo-text of a nude girl from their school. Ever since this hit the press, there have been new cautionary measures against “sexting,” including discussions about it in classrooms.

But “sexting” won’t go away in schools just because educators are informing kids about the potential Class C felonies that can be attached to it. We are a generation that has our phones attached to our hips. And we are increasingly a generation distanced from personal contact. Plus “sexting” is like digital foreplay that doesn’t involve having to move much or go anywhere. It is the lazy way of getting it on.

“One in five teens admitted to sexting,” a Common Sense Media poll revealed.

I bet it’s happening right now: Somewhere in the United Statesa teenager is sending a risqué picture-text to a boy or girl they’re interested in, and often it’s because they feel pressured to.

A CosmoGirl study states that, “38 percent of teens say exchanging sexy content makes dating or hooking up with others more likely.”

Because “sexting” lacks any physical touching, and because it’s so easy, teens feel OK with doing it.

“Sexting” is now like the new second base, more like second base and a half, right after making out.

But if parents and educators want to monitor how kids are using social networking, first they have to be aware that there is a dark side to the cyber-social realm, including possible illegal activity and mental health risks, that kids typically aren’t aware of.

Obviously, better awareness can be raised with better parental involvement in their children’s social lives.

However, parents have to also keep up with the pros and cons of how social media impacts their kids.  — mfiandt@indiana.edu

Copyright © 2012 Indiana Daily Student