Small Town News

Police, school district warn students against cell-phone sexting

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TRINIDAD

TRINIDAD -- The police department and school district here are teaming up to warn the district's older students about the legal dangers of sharing nude pictures via cell phones, a practice known as "sexting."

"We haven't had to investigate any cases yet, but we've heard of students that are doing that here," Police Chief Charles Glorioso said.

A pamphlet warning of the possible legal penalties that sexting could bring upon those who do that was included in the January-February high school newsletter.

"It's very important for our parents and kids to understand the implications of sexting because they could get themselves into some very serious legal trouble that they don't understand," Schools Superintendent Mike Tranter said.

Glorioso added, "It's a felony; even a child possessing a picture of another child is illegal."

Sharing a photograph of a nude adult

-- classified as an obscenity violation

-- with a minor can earn the sender one to five years in jail or prison and a fine of up to $100,000. Sending a picture of a nude minor is classified as the sexual exploitation of a child, as well as an obscenity offense, and can net the offender a sentence of four to 12 years and a fine up to $750,000. Even without sending a photo to someone else, simple possession of a photo of a nude minor is also classified as sexual exploitation of a minor, with the same four - to 12-year potential sentence.

Even "Photoshopping" a picture of a clothed minor to make the minor appear nude is considered sexual exploitation of a child and an obscenity offense and carries the same potential sentence.

Additionally, taking a nude photo of someone without that person's consent, regardless of age, is classified as unlawful sexual contact, punishable by up to six months in jail.

"If a child gets (a nude cell phone photograph), they should probably notify an adult -- their parents, someone at the school, a counselor," Glorioso said. "Let them know they got it, and then I'd expect the school to contact me and we'll do an investigation on it."

The pamphlets sent to Trinidad High School parents also warned that anyone convicted of crimes related to sexting "is subject to becoming a registered sex offender with your name and address listed on both the local and national sex offender's registry," as well as potentially being required to get sex offender treatment for several years.

Glorioso urged parents to become more aware of their children's activities.

"I don't think it's wrong for a parent to check their child's phone or get on their Facebook account...they should have those passwords," he said. "Be inquisitive and see what your child s getting into. A lot of parents seem to think it's an invasion of privacy; it's not. There's too much going on out here and a child could get wrapped up in something really quick. "The biggest question (parents) have got to ask is, 'Who sent it to them?' There could be another child out there unknowingly getting exploited, so it needs to be reported."

Glorioso added that the focus of police interest in the matter was child safety.

"We're not looking to go out there and charge all these kids, the people we're after are the pedophiles, the adults that exploit these kids," he said. "But when you put your nude photo out there in cyberworld, it's accessible to anybody; anybody can get their hands on it, duplicate it and send it; kids just need to take caution and not do that kind of thing." Tranter also described the district's educational efforts about sexting as being more preventative than punitive.

"As technology is changing rapidly...it opens up opportunities to abuse that technology, and it's part of our responsibility to educate our kids as to what is an appropriate use of that technology," he said.



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© 2010 The Raton Range Raton, New Mexico. All Rights Reserved. This content, including derivations, may not be stored or distributed in any manner, disseminated, published, broadcast, rewritten or reproduced without express, written consent from DAS.

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