Running head: THE PERILS OF SEXTING

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The Perils of Sexting xxxx xxx

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The Perils of Sexting

Have you ever thought about sending a nude photo to your longtime boyfriend? Perhaps you even there was no harm because you would be together forever. Think again! There is harm, real harm that may hurt you in many more ways than you can imagine and not many resources exist to help you through the extent of the harm caused. Imagine you and your boyfriend breaking up, he sends that photo you thought was innocent to a friend. That friend sends it to many other friends who send it to the entire high school student body. Not only are you trying to recover from a devastating breakup, but thrown into a world of cyber bullying with everyone at school making comments behind your back. Afraid to tell your parents, afraid to go to school, what do you do?
What teens do not consider are the perils of sexting, psychological or criminal. Even though many teens are educated and taught right from wrong, they believe they are invincible and often fail to realize negative consequences to risky behavior. Why do teens not understand the treacherous aftermath of sexting? Teens should know there are the real consequential repercussions of their sexting behaviors.
Figure 1: Teenage sexting statistics

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Figure 1: Teenage Sexting Statistics (2015) from studies done by The National
Campaign to Prevent Teen Pregnancy, The Pew Internet & American Life Project, and the Cox
Communications Teen Online & Wireless Safety Survey.
Figure 1 (2015) depicts how prevalent teens are engaged in sexting, a majority of teens who sext, do it as an expression of their affection to another. Repercussions of sexting are complex in that it touches a number of spectrums that pose a multitude of challenges. Those challenges include felonious criminal prosecution and a greater danger; thrust into the business enterprise of child pornography. Do teens have the mental capacity to resist sexting? Scientific evidence has proven the prefrontal cortex of the brain (the area that controls impulsivity, right from wrong, etc.) is not fully developed until adulthood. The emotional turmoil is also much more severe in a teen, many times resulting in suicidal behavior. Even though parents are ultimately responsible for their children’s behavior, some do not comprehend the risks of the internet while others are simply disengaged. Does the generation gap do more harm than good?
How important is their role involving sexting?
How Did I Become the Perpetrator?
Sexting has been an increasing issue between teens. Today’s teens have grown up in the world of social media and a great majority have sent or shared sexually explicit photos via their cell phones without giving one thought to its criminal nature. One problem teens ensnared in sexting have encountered is our legal system. Ambiguity within our laws can result in a teen being convicted under both state and federal laws for child pornography which means they would have to register a sexual offender for several years. Albeit the act of sexting alone is not illegal under the First Amendment for consenting adults, it is for juveniles because “Federal law views the creation, possession, and dissemination of visual images of a minor engaged in

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"sexually explicit conduct" as a felony offense; therefore, some sexting images involving juveniles fall under this designation. Compared to federal law, state laws vary considerably and may carry a lower threshold for what is considered to be child pornography” (Thomas &
Cauffman, 2014. pp. 633-634). It is important for a teen to understand how their actions, as innocent as they think they are, are seen in the eyes of the law and how one small act can turn into a life of devastating consequences.
Ohio, known for its harshest laws on child pornography, has had several nationally recognized prosecution cases for sexting. According to Ohio law, 2907.323(A)(3), anyone possessing material that shows a minor in a state of nudity is guilty of a fifth-degree felony. The violation also might qualify the juvenile as a Tier 1 sexual offender, which requires annual registration for a decade. A local reporter for the Newark Advocate, Russ Zimmer (Zimmer,
2008) reported on a case in Ohio whereas “a 15 year old girl spent a weekend incarcerated after being charged with illegal use of a minor in nudity-oriented material, a second-degree felony; and possession of criminal tools, a fifth-degree felony” (para. 3). According to State Rep. Jay
Hottinger, R-Newark, the law, enacted in 2002, wasn’t specifically designed towards sexting but
“was purposely aimed towards juveniles who were committing some very serious adult-like crimes" (para. 16).
The sexting phenomenon embroiled in an obscure justice system has drove momentum for change amongst the political, psychological, and academic community. For instance, the
Federal Juvenile Delinquency Act (18 U.S.C. § 5032) recommends juveniles be prosecuted in state courts but “only seventeen states currently have sexting-specific legislation for minors”
(Hinduja & Patchin, 2013) and rely on Federal Laws to prosecute, “however, the specific details of the new sexting legislation within those states can vary greatly” (Thomas & Cauffman, 2014

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p. 634). A law review journal published by The Regents of University of California (Thomas &
Cauffman, 2014), examined the criminal nature of sexting and the necessity for changes in the law. Emphasized in the journal is the debate on misclassification of sexting under Federal Law and whether “new sexting-specific legislation should be enacted to more effectively address the developmental issues related to sexting behaviors by minors” (p. 632) and its malicious intent.
Can Cyberbullying Evolve From Sexting?
Not only does peer pressure play a contributing role in the rise of sexting, the dissemination of a sext can progress into cyberbullying. Even though the sexting messages may have been sent consensually without malicious nature, the danger is that once sent, there is no control on how it is used. Physical sexting activity is generally done outside the educational setting; the problem is it is often carried into the schools. As that photo floats from teen to teen, so does the gossip and the sneers from their peers. When teens are cyberbullied by their school peers, no matter the circumstance, one would normally think the school administrators, when notified, would do whatever they could to prevent further escalation. The reality is many schools have yet to understand how to deal with sexting cyberbullying. Educators are hesitant to step in and help the situation, as they do not have policies against cyberbullying. There are laws against cybercrime and school policies against bullying itself but cyberbullying initiated from a consensual sext becomes a fight for survival in a school setting. Educators are reluctant to expand current policies to include internet related behavior, as they believe it should be policed at home and not in the schools. Educators need to play an important role in cyberbullying, even when it is a result of sexting; not addressing a situation can and has proven fatal.
In one Ohio case, a 15 year old sent a consensual photo of herself to her longtime boyfriend. Months after they broke up, the boyfriend sent the photo to his friends who in turn

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sent it to more friends. She was cyberbullied and verbally abused by her friends and peers.
Feeling alone and nowhere to turn, she attempted suicide. Her parents notified the school principal; they did not receive help but rather told the school could expel her for sending the photo. They notified the police and were told that if they pursued action, their daughter would be arrested and most likely be convicted of distribution of child pornography and required to register as a sexual offender. Months later, another case in Ohio with astounding similarities resulted in the suicide of Jessica Logan, an 18-year-old high school student. The parents sued the city, the school district, the ex-boyfriend, and several others who circulated the photo. According to Courthouse News (Thomas, 2009), the parents sought punitive damages for discrimination, civil rights violations, privacy invasion and emotional distress. According to the federal complaint, Jessica went to her school counselor, her school counselor referred her to the school police officer who then told her there was nothing else he could do and recommended her to go to the local news station and do an interview about sexting (para. 1-4). The persecution intensified after the interview aired because Jessica’s classmates recognized her. “She skipped school because she was too emotionally distraught. Sycamore Schools responded by sending truancy notices and letters to her parents threatening that Jessica would not graduate. Sycamore
Schools failed to investigate the harassment, failed to end the harassment, and failed to help
Jessica with her emotional turmoil" (para. 10). The school superintendent was interviewed after
Jessica’s suicide and admitted, “no action was taken against Jessie's tormentors because some attended school in a different district and because the picture was taken at home and not on school property” (para. 15). Her parents won the federal lawsuit against the school and continued to fight for legislation to expand school anti bullying policies to include cyberbullying.

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On November 12, 2012, the Jessica Logan Act, H.B. 116, was signed into law. This bill
“expands the scope of Ohio's current anti-bullying law to prohibit harassment by electronic means. This includes harassment, intimidation, and bullying through computers, cell phones, or other electronic devices” (Ohioschoolsplan.com, 2012). Compliance failure will result in forfeiture of state and federal funding.
Push on school reform towards cyberbullying has not been widely embraced. “Dennis
Leone, a retired Ohio school superintendent of 23 years and an assistant professor as Ashland
University, is concerned about the expanding definition of school prevention of bullying. Leone maintains it is “way out of bounds” to ask schools to police students’ online behavior 24/7, just as it would be ridiculous to ask schools to ensure their students act appropriately on Saturday night in the mall. Leone is also objecting to the fact that schools would be mandated to deal with
“dating violence”, which the Jessica Logan Act includes as an act of bullying. He stresses these new laws put schools at lawsuit risk” (Jessica Logan–The Rest of the Story, 2015, para. 21).
Many are also arguing whether the newly created cyberbullying policies in the education system are infringing on right to privacy. No matter what the attitude is, fostering a safe environment for our children should remain the most important focus.
What are the Global Dangers of Sexting?
Once a sext is broadcast to a wider audience, So far we have only focused on local implications; global dangers are much more complex. Who is to say those consensual photos will not eventually end up in the hands of adult child predators or pornographers? Naivety does not stop a photo from circulating in cyberspace; reality is, the world can be a frightening sexual atmosphere, one in which child predators have financially prospering child pornography websites

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with an unlimited source of material to exploit. These predators have no respect for humanity and will implore very creative methods to achieve their goals.
Shereen Siewert, an investigative reporter for Gannett Wisconsin Media (Siewert, 2015) recounted several cases in Wisconsin where teens were tricked and, or blackmailed into sexual landscape beyond their farthest imagination. In one case, a 51 year old man collected sexually explicit images of at least 100 children from across the country by tricking “teens into believing he was a young girl named Sara” (para. 14) which were then “uploaded to file-sharing servers, where they were traded worldwide” (para. 15). In another case, Anthony Stancl, a teenager was
“arrested after setting up a fake Facebook account in which he used a female persona to trick dozens of male classmates at Eisenhower High School into sending him nude cellphone photos of themselves. …Once the photos were in hand, Stancl blackmailed seven of the students into performing sexual acts with him in parks, bathrooms and other locations after threatening to show the nude photos to other students, according to police” (para. 19-20). The Associated Press
(2015) reported a case in Norfolk, VA, where a former instructor at the Navy’s Top Gun school,
Daniel Chase Harris, was convicted of child pornography charges. “Prosecutors said Harris posed online as a teenage boy and would convince girls between 12 and 17 to send risque pictures of themselves. Prosecutors say he then extorted the girls to send him more explicit images of themselves or he would post the images online or send them to family or friends.
Prosecutors said there were nine victims in the case” (para. 3). Larry Magid of the Mercury
News (Magid, 2015) describes another form of profiteering sext photos, otherwise called revenge porn. “Revenge porn is a term for pictures posted or shared, often by a former intimate partner, to embarrass or shame the victim. It's sometimes referred to as "sextortion," especially if the perpetrator demands money, sex or for the victim to remain in an abusive relationship. …Often

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the pictures were consensually taken by or shared with the partner during a time when the victim trusted the partner not to misuse those images” (Para. 4, 6). California’s new law targeting revenge porn has resulted in its first criminal conviction this year. Kevin Bollaert, owner of two revenge porn websites, was convicted for “six counts of extortion and 21 counts of identity theft.
One of Bollaert's now defunct sites posted nude and sexually explicit pictures of women, often taken by a former intimate partner, with names, age and other information about the victims.
Another reportedly enabled victims to pay to have their pictures removed from the first site”
(para. 2). The torturous results of cybercrime, whether manifested for profit, revenge or someone else’s erotic desires create a fate that no teen should encounter.
Legal efforts to fight cybercrime have increased; programs such as the cyber tip line, a clearinghouse for leads and tips regarding crimes against children and the Financial Coalition, a program concentrated on eliminating profits gained child pornography, operated by The National
Center for Missing and Exploited Children (NCMEC) support enforcement. However, controversies around privacy rights over data retained by electronic service providers (ESP) continue to impede criminal prosecution. In a testimony to the U.S. House of Representatives
(2011), Ernie Allen, President and CEO for NCMEC stressed, “the greatest challenge to law enforcement investigating online crimes against children is that technology allows offenders to use the Internet with perceived anonymity. …as a result, offenders are willing to risk detection by law enforcement, believing that they can operate online anonymously.” (pp. 5-6). If these issues are addressed in The Protecting Children from Internet Pornographers Act, law enforcement will be much more effective in prosecuting “those offenders who are misusing the
Internet to victimize children” (p. 6).
Do Teens Have the Mental Capacity to Resist Sexting?

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When one plays, it is very likely they pay the price emotionally too. Teen sexting can permanently destroy a promising future; colleges, employers and family all have access to the promiscuous photos resulting in possible rejection of college choice, employment denial, and embarrassment. The humiliation felt when something done privately has now been invaded with everyone seeing the very intimate physical side. The emotional impact is overwhelming, especially when bullied by peers. Jessica Logan’s suicide is an extreme example of how deep that emotion is felt.
When a teen first thinks of sexting the last thing on their mind are the psychological aspects. Teens think they are invincible part parcel due to the underdevelopment of their prefrontal cortex, the “area of the brain that controls decision making, self-control and planning.
…Thus, these brain developments may leave adolescents at risk for impulsive behavior and poor decision making” (Thomas & Cauffman, 2014 p. 642). So when a teen is shattered from cyberbullying the emotional devastation is annihilating. Psychotherapist Elizabeth Donovan
(Donovan, 2011) compares sexting scars to Post Traumatic Stress Disorder (PTSD) in that they can trigger symptoms similar to those in cases of rape; depression, “flashbacks, isolation, selfdestructive behaviors, and sleep disturbance” (para. 7). Conversely, reactions from adolescent friends or peers has been noted to be remarkable in that they remain quiet or join in for fear of being “humiliated themselves” (Jessica Logan–The Rest of the Story, 2015, para. 17).
Are Parents in a Generation Gap That Does More Damage Than Good?
Many teens come from very loving homes with parents who desire nothing more than the happiness of their children. Oftentimes a parent will want to fix any problem their child might have but sometimes this fix is not so easy. Before the age of internet if a parent became aware of their child being bullied, it was a much easier solution; they could physically move away and

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change schools. In today’s internet age, bullying is considered cyber bullying and is much harder to repair as it leaves permanent scars. Parents are generally the last to know the depth of the situation and the emotional state of their teen because teens generally do not come to them.
Parents can go through a myriad of emotions; emotions can range from helplessness (not being able to take their child’s pain away), to frustration, to being angry (towards the situation and the perpetrator) and many more. Let’s back up to the case of the 15-year old teen that sent a photo to her boyfriend that ultimately went viral; her parents learned the more they pushed for justice, the more trouble their daughter would be in. For fear of what longer term affects daughter would face if pursued legally (convicted felon and possible jail time), they did nothing other than get her emotional help with psychiatrists, psychologists, and therapists. No matter what emotion the parent is going through, diligence must take precedence in their actions, knowing signs of emotional distress and where to go will help them protect their child from the dangers of cybercrime and years of emotional distress.
Unfortunately, parental obligations seem to be lacking around teenage online activity as revealed in a recent survey conducted by Kaspersky lab (2015). Whether a deficiency of knowledge or blatant disregard, “The long term emotional impact of cyberbullying can be devastating for young people and parents need to know so that they can act to make it stop”
(para. 3). The survey has shown that only 22% of the parents felt they had no control over their child’s online activity, shockingly only 39% monitor them and only 38% have discussed the risks and dangers, results also found just “44% of parents whose children had been cyberbullied stepped in to prevent it – leaving well over half who didn’t” (para. 3).
Ultimately it is the parent’s responsibility to ensure responsible behavior of their teen and most would agree they “have a responsibility to keep tabs on what their kids are doing online”

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(Patchin, 2013, para. 4). Just as society is learning more about these new dangers, new resources have evolved for parents too. The reality is that teens can be creative in circumventing software installed by parents to track and monitor them by simply using a friend’s device (para. 6); hence continued communication in conjunction with the resources available is the most comprehensive approach towards teen sexting prevention.
In conclusion, sexting can have complex repercussions, therefore a concerted effort towards prevention and punishment is essential. The scientific evidence contributing to the response inhibition of a teen, entangled with the horrendous consequences warrants the need for society to holistically unite in suppressing the rising trend. Historical efforts conquering social epidemics have proven successful; e.g., smoking in society, once viewed as acceptable is now virtually taboo. Perhaps sexting should be viewed as a social epidemic. As described by Malcom
Gladwell (2002) in his book The Tipping Point, three characteristics; contagiousness, “the fact that little causes can have big effects” and “that change happens not gradually but at one dramatic moment” (p. 9) are the principles that conquer social epidemics. Imagine the difference it could make towards the sexting phenomena.

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References

Associated Press. (2015, March 09). Former ‘Top Gun’ instructor convicted of child pornography. WTOP. Retrieved from http://wtop.com/virginia/2015/03/former-top-gun-instructor-convicted-of-childpornography/ Donovan, A. (2011). How the social network is changing teen victimization a gateway to online victimization. Retrieved from https://www.psychologytoday.com/blog/youth-and-tell/201105/how-the-social-networkis-changing-teen-victimization Gladwell, M. (2002). The Tipping Point. New York, NY: Back Bay Books/Little, Brown and
Company
Hinduja, S. (2014). Getting Teens to Rethink Cyberbullying. Retrieved from http://cyberbullying.us/getting-teens-rethink-cyberbullying/ Hinduja, S., & Patchin, J. W. (2013). Sexting laws: A brief review of state sexting laws and policies. Retrieved from http://cyberbullying.us/state-sexting-laws/ Jessica Logan – The Rest of the Story (2015). Retrieved from http://nobullying.com/jessica-logan/ Kaspersky lab. (2015), Kaspersky Lab survey reveals many parents feel powerless in face of cyberbullying. Retrieved from http://www.kaspersky.com/about/news/business/2015/Kaspersky-Lab-Survey-RevealsMany-Parents-Feel-Powerless-in-Face-of-Cyberbullying THE PERILS OF SEXTING

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Magid, L. (2015, February 05), 'Revenge porn' is about betrayal, not pornography, San Jose
Mercury News, Retrieved from http://www.mercurynews.com/larry-magid/ci_27466895/magid-revenge-porn-convictionshows-dangers-sexting New Criminal Law Review [Review Youth sexting as child pornography? developmental science supports less harsh sanctions for juvenile sexters, by A. G. Thomas & E. Cauffman].
(2014). An International and Interdisciplinary Journal, 17(4), 631-651. http://dx.doi.org/1010.1525/nclr.2014.17.4.631 Ohioschoolsplan.com. (2012). Retrieved from http://www.ohioschoolplan.org/03-13-12.html Siewert, S. (2015, February 22). Swapping nude images spells danger for teens. USA Today.
Retrieved from http://www.usatoday.com/story/news/nation/2015/02/21/swapping-nude-images-spellstrouble-teens/23824495/ Teenage Sexting Statistics. (2015). Retrieved from http://www.guardchild.com/teenage-sexting-statistics/ Thomas, A., and Cauffman, E. (2014). New Criminal Law Review Youth sexting as child pornography? Developmental science supports less harsh sanctions for juvenile sexters.
An International and Interdisciplinary Journal, Regents of University of California,
17(4), 631-651. doi: 1010.1525/nclr.2014.17.4.631
Thomas, M. (2009, July 12). Teen Hangs Herself After Harassment For a 'Sexting' Message,
Parents Say. Courthouse News. Retrieved from

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http://www.courthousenews.com/2009/12/07/Teen_Hangs_Herself_After_Harassment_F or_a_Sexting_Message_Parents_Say.htm U.S. House of Representatives. (2011). The Protecting Children From Internet Pornographers
Act: Hearings on H.R. 1981 before the Committee on the Judiciary and Subcommittee on
Crime, Terrorism, and Homeland Security (testimony of Ernie Allen, President, and CEO for the National Center for Missing & Exploited Children). Retrieved from http://judiciary.house.gov/_files/hearings/pdf/Allen07122011.pdf ZIMMER, R. (2008). Hottinger: Law didn't anticipate cell phone photo case (video). Newark
Advocate. Retrieved from http://archive.newarkadvocate.com/article/20081008/NEWS01/810080302/HottingerLaw-didn-t-anticipate-cell-phone-photo-case-video-