Public Service Announcement: While Technology Changes, Laws Don’t Catch up! “Sexting” is a Crime!
For you kids out there (and parents, too!), be aware that so-called “sexting” can be prosecuted as a felony offense in some states, which can result in jail time and registration on the sex offender registry. Case in point, a recent prosecution in Virginia made national headlines after a 17-year-old boy and his 15-year-old girlfriend allegedly exchanged racy photos and videos with each other. When the young girl’s parents found out, they contacted police and the boy was then charged with manufacturing child pornography–of himself!
What was even more bizarre about this case was that in order to prove the boy was guilty, law enforcement obtained a search warrant to require the boy to go to the hospital and have pictures taken of his private parts so that law enforcement could use those photos in his prosecution. Fortunately, given the national attention, law enforcement withdrew the request for the warrant.
The reason we felt the need to highlight this is not to criticize these types of prosecutions (though we do feel they are ridiculous). Rather, it’s to give a stern warning: Before you do anything with your phone or on the Internet, realize that your actions can lead to very embarrassing situations. But what’s more, they can actually lead to serious prosecutions for crimes that WILL destroy your future. Obviously, we are very much against sexting here at our firm, and it’s unfortunate that most kids have absolutely no idea that sexting can lead to a felony that will affect their careers for the rest of their lives.
Yes, that’s probably unfair. Smartphones, social media and the like are technologies which simply weren’t around when lawmakers drafted the law which is now being used to prosecute kids. Sadly, if they had been, I think there would be a change of heart as to what the law should be. But until there is a common-sense awakening, YOU must take it upon yourself to think before you act and to educate others. Don’t sext!