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Sexting: Se g: Implications for Board Members Karen Haase Harding & Shultz (402) 434-3000 khaase@hslegalfirm.com


Sexting? Sexting, v: (a combination of sex and texting) is the act of sending sexually ll explicit li it messages or photos electronically, p y p primarily y between cell phones.


Sexting? Material ate a ca can be d distributed st buted vvia: a: –Text messages g –Downloads onto laptops/computers –E-mail –Downloads onto i-pods/mp-3 players –Social Networking Sites


How Common is Sexting? g  Sexually suggestive photos sent: – 20% overall –22% girls –11% 11% young teen girls (ages 13-16) 13 16) –18 % boys


How Common is Sexting? g Sexually suggestive messages sent: –39% of all teens –37% girls –40% 40% boys 48% of teens say they have received sexting ti photos h t or messages.


Serious Consequences: Jessica Logan


Criminal Implications of Sexting  Adults prosecuted for possession of child pornography, pornography solicitation and child abuse  Children C i prosecuted as well


A.H. v. Florida  Boy and girl in romantic relationship  Took pics of themselves engaged in sexual acts  Boy e-mailed to girl  Both charged with producing and distributing child pornography


Miller v. Skumanick  Girls sexted; prosecutor offered class on sexting or criminal charges  Parents: “forced forced re-education” re education  District Court: granted TRO  Third Circuit: No basis for transmission of child porn; no evidence of knowing transmission  Did not address dd Fi First A Amendement d


Florida v. Alpert  Girlfriend sent pics  He forwarded pic to all contacts  Convicted of distribution of child pornography  On O sex offender ff d registry until he’s 43


Criminal Implications Under Nebraska Law  Neb. Rev. Stat. 28-813 et. Seq.  Makes sexting (images) a class IV felony for offenders under 19  Class IIIA felony for 19 and up  Both punishable by: • Up to 5 years in prison and/or • $10,000 fine q sex offender registration g • Require


Criminal Implications Under Nebraska Law  Class IV felony to

─ knowingly solicit, coax, entice, or lure g or ─ a child sixteen yyears of age younger ─ by means of an electronic communication i i device d i ─ to post images that would qualify as child pornography under state law


Criminal Implications Under Nebraska Law  LB 97: Affirmative Defense:

─ the picture is only of the defendant;

─ ─ ─ ─ ─ ─ ─

or defendant was younger than 19 picture i is i off someone at least l 15 picture was taken voluntarily picture was given voluntarily picture contains only one child defendant hasn’t shared the picture; AND d f d defendant did didn’t ’ coerce taking ki or sending di


Criminal Implications Under Nebraska Law  Class IV felony to

─ knowingly solicit, coax, entice, or lure g or ─ a child sixteen yyears of age younger ─ by means of an electronic communication i i device d i ─ to post images that would qualify as child pornography under state law


Criminal Implications Under Nebraska Law  Affirmative Defense:

─ the picture is only of the defendant;

─ ─ ─ ─ ─ ─ ─

or defendant was younger than 19 picture i is i off someone at least l 15 picture was taken voluntarily picture was given voluntarily picture contains only one child defendant hasn’t shared the picture; AND d f d defendant did didn’t ’ coerce taking ki or sending di


Legal Implications For School Boards


Legal Implications For School Administrators  Prosecution for Possession

─ Commonwealth v. Ting Ting-Yi Yi Oei


Legal Implications For School Boards  Litigation over Punishment of Students for Sexting

─ Neilson v. Northshore School District ─ Quiblan v. Northshore School District


Practical Steps in Dealing with Sexting in Schools 1. Education a. Students b. Staff c. Parents P t d. Communityy


Practical Steps in Dealing with Sexting in Schools 2. Have a Clear Policy a. Search and Seizure 1. Klump v. Nazareth A Area School S h l District 2. In Re Michael R.


Practical Steps in Dealing with Sexting in Schools 2. Have a Clear Policy a. Search and Seizure b. Prohibit Possession 1. sexting statute doesn’t limit schools 2. Include in h db k handbook


Practical Steps in Dealing with Sexting in Schools 3. When You Catch Kids Sexting


Practical Steps in Dealing with Sexting in Schools 3. When You Catch Kids Sexting a. Impose Equal Consequences b. Inform Parents c. Call C ll the th C Cops


Why call the cops if its not a crime?  Affirmative Defense:

─ the visual depiction portrays no person other than the defendant;

─ ─ ─ ─ ─ ─ ─

or defendant d f d was younger than h 19 picture is of someone at least 15 picture was taken voluntarily picture was given voluntarily Picture contains only one child d f d defendant h hasn’t ’ shared h d the h picture; i and d Defendant didn’t coerce sending


Sexting: Se g: Implications for Board Members Karen Haase Harding & Shultz (402) 434-3000 khaase@hslegalfirm.com


Sexting for Board Members