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Nude MySpace Photos Put Teen at Risk for Sex Offender Status
Categories: Teens & tweens, In The News, Extreme Childhood
In a toxic mix of social media and impulsive behavior, a teenager who posted explicit nude photographs of herself on MySpace is facing child pornography charges that could force her to register as a sex offender -- a label she would carry for the rest of her life.The 14-year-old Clifton, N.J. girl allegedly posted the pictures for the viewing pleasure of her boyfriend, according to the Passaic County Sheriff's Office. The girl, whose name is not being released because of her age, was arrested last week and charged with possession of child pornography and the distribution of child pornography. Authorities have released her to her mother's custody.
Investigators are also looking at several other individuals who "knowingly" committed a crime in regard to this incident.
The arrest came after the National Center for Missing and Exploited Children tipped off a state task force, which in turn notified the sheriff's office. Nationwide, prosecutors are pursing child porn cases resulting from the transmission of nude photos by kids, using cell phones and emails. However, this could be the first case resulting from a teen posting on a social-networking site.
If the girl is convicted of the distribution of child pornography, she faces up to 17 years in jail; she would also be forced to register as a sex offender under New Jersey's Megan's Law. Maureen Kanka, whose daughter, Megan, is the law's namesake, said that the girl should not be charged. Instead, she says, the girl should seek counseling.
Illinois attorney Rayne Devivo says that if the case meets the letter of the law, then the girl can certainly be charged and tried for the offense. She adds that state lawmakers can write an amendment to the law.
"The law is written and voted on by legislators who represent the people of New Jersey," she explains. "If the people of New Jersey feel this case should be an exception, then they will write their legislators and an amendment can be made."
Devivo adds that state laws regarding convicted sex offenders are often severe, and if the girl is convicted, she faces long-standing stigma. "Depending on the state, sex offender registries can have draconian consequences, including being banned from living with your family if the family lives within 500 to 2,500 feet of a school, daycare, or park," she says. "A sex offender may also have to disclose their status on any job application for as many as ten years, making a youthful indiscretion become a longstanding economic burden."
It's hard to believe that New Jersey will pursue this case to the full extent of the law, but it certainly has the option to do so. No one believes in freedom of speech more than I do, but perhaps it is time to create a new set of laws that pertain to these specific acts, rather than pursuing charges under laws meant to protect children from actual predators. It's common knowledge that teens don't have great impulse control, and with access to websites like MySpace and Facebook, kids can act on urges that once might have been limited to heated diary entries. What they don't always realize is that some actions have permanent consequences.
In the meantime, Devivo offers some very sage advice: "Don't put anything on the Internet that you don't want your grandparents to see or read."
Should authorities charge the teen? Is this girl guilty of distributing child porn or just really bad judgment?
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Reader Comments (Page 1 of 1)
SKL 4-01-2009 @ 6:57PM
Doesn't anyone think it's a problem that teens think it's no big deal to put their nude pictures on the internet? I'm glad there are laws we can cite against it. I'll be glad to tell my daughters that they and their friends can go to jail if they do that. Frankly, I believe there should be a significant consequence.
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cate 4-02-2009 @ 6:52AM
i agree in part. i think that we need to do a better job of warning our children about the dangers of impulsive behaviors. they need to learn to think things through before they act. i'm not sure that this girl should go to jail, considering she's 14. giving her a good scare, though, might do better than 17 years in jail and a scarred permanent record. kids do need to know that there are severe consequences for their actions.
Richard 4-30-2009 @ 5:20PM
Want to Stop Sexting, CyberBullying & Digital Disease?
The Institute for Responsible Online and Cell-Phone Communication has an effective method for dealing with the vast number of digital issues we are aware of (like the trend du jour known as "sexting"), and those that we will be aware of soon.
Despite this fact however, our nation and media seem to be content with treating these digital, 21st century issues, with an "old school" 20th century approach. Unfortunately, based on past headlines regarding "spyware" and "cyber bullying" and now with the national fixture of sexting in the news, it appears we are failing an entire digital generation.
Fortunately however, there is an effective way to save this new generation for those of us willing to listen. It is through The Institute for Responsible Online and Cell-Phone Communication's concept of "Responsibility 2.1C".
Think about it...
1: Can you honestly say that you have never been irresponsible either as a kid touching a hot stove, or smoking (underage), or drinking underage, or trying drugs?
2: Did you always listen to your parents, teachers or caretakers when they told you not to do these things and offered you a ton of information about why you shouldn't?
3: Have you ever been irresponsible or break the law as an adult (e.g. speeding, running a red light)?
4: Have you ever posted your status on Facebook as "On Vacation", "Traveling" or "Out"?
Well if you answered “NO” to any of the questions above (even # 4), your life may have been over at a very young age (or it could be altered soon) as is the case for many people of today’s digital generation, because it only takes a few seconds of irresponsibility online to ruin your life.
For Example: Lighting up a cigarette, or trying a beer at the age of 17 most of the time, will not instantly alter your life, or affect your loved one's lives, or the life or someone halfway around the globe. However, as we have read lately, in the time it takes a 17 year old to press the send button on a cell phone with a naked picture attached (less time to finish a drag of a cigarette or sip of beer) he/she could be placed in jail and registered as a sex offender.
Simply saying, “don’t do that” to a kid or flooding them with "tip sheets" and facts did not work when you were one, so why would it work now? The real difference and alarming issue is that the digital technologies available to our youth deliver instant consequences that can alter their life. Fortunately, it appears that the Institute's concept of Responsibility 2.1C may just be the way to reach this new generation.
Richard Guerry, the visionary behind the concept of "Responsibility 2.1C" and co-founder of The Institute for Responsible Online and Cell-Phone Communication recently stated that "We as a nation need to provide direct proactive communication of Digital Responsibility (Responsibility 2.1C) to a new generation. We cannot be reactionary treating today's digital issues, and we cannot resolve them with 20th century threats, reprimand and curriculum." He went on to say, "The real problem is our youth has grown up learning what we call responsibility 1.0 or offline responsibility. They do not understand the scope of the repercussions when they invoke poor (digital) judgment because they have not been proactively taught digital responsibility or what we call, responsibility 2.1C. We cannot apply 20th century solutions to 21st century issues."
Find out more about how you can support The Institute for Responsible Online and Cell-Phone Communication and help them save your community by visiting www.iroc2.org or www.sextingisstupid.com
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