By Anne Kehl, Managing Editor
There has been plenty of talk surrounding sexting in the past month or so, and much of it has involved the laws behind possessing explicit images, and especially sharing them.
Because sexting is a relatively new idea, the laws surrounding it are a bit unclear. A few states have created laws that directly tackle sexting. These laws mostly speak of sending and receiving.
It can be argued that one cannot stop people from sending obscene photos to each other, so punishment is usually based upon whether or not one keeps the image. A common misconception is that only the receivers of these pictures can be found at fault.
On the contrary, the subject of the picture or pictures can also face charges.
Despite the absence of sexting laws in some states, pornography has been around since before man created the camera, and child pornography laws developed shortly after. While 20 states have already adopted laws and penalties specifically addressing sexting, especially between minors, many still consider nude or explicit pictures of minors to be child pornography, and charge purveyors of them as so.
States that have not yet embraced sexting laws can still charge citizens with creation, possession, or distribution of child pornography. Although some lawmakers interpret Freedom of Speech fairly liberally, the courts do not interpret the First Amendment as protecting the right to create or distribute child pornography.
According to Section 2256 of Title 18, United States Code, child pornography can be defined as “the use of a minor engaging in sexually explicit conduct.” Whether this is in a picture, video, or even undeveloped film, the minor does not have to be performing any sexual acts to be considered “sexually explicit.” Simple nudity could fall under this definition.
Furthermore, regardless of the legal age of consent in the state (age 16 in Washington), a minor is a minor when it comes to pornography laws. Any human under the age of 18 being photographed naked can be considered child pornography, which is distinctly illegal.
Most cases involving child pornography violations are heard at the state level or lower, with defendants sometimes opting for a plea bargain, or pleading guilty for a lesser sentence or punishment.
However, cases come under federal jurisdiction when the internet is utilized as the tool for committing the crime.
Washington is a bit of an inbetween state in terms of teen sexting laws. It does not have a specific law detailing sexting as illegal, but it does outlaw “communication with a minor for immoral purposes” under RCW (Revised Code of Washington) 9.68a.090. It later clarifies that this includes “the sending of an electronic communication.”
This is where it gets interesting. According to this code, just communicating with a minor for immoral purposes is a simple gross misdemeanor. However, it escalates to a class C felony if the defendant has previously been convicted of another sexual offense or “if the person communicates with a minor or with someone the person believes to be a minor for immoral purposes… through the sending of an electronic communication.”
This makes sexting an a priori issue in the eyes of the lawmakers. It also makes sexting a crime punishable not just by a gross misdemeanor, but by a Class C felony. Class C felonies in Washington can result in up to a $10,000 fine and five years in jail.
Class C felonies relating to sexual offenses also require convicts to register as sex offenders for 10 years after the date of release from confinement, something that can haunt a person for the rest of their lives.
According to the Vancouver, WA sex offender registration page, people who must register as sex offenders are those who have been convicted of “Rape, Rape of a Child, Child Molestation, Sexual Misconduct with a Minor, Indecent Liberties…, Sexual Violation of Human Remains, Incest, Communication with a Minor for Immoral Purposes (both felony and gross misdemeanor).”
This puts convicted sexters in the same category as people who have sex with dead bodies. Yes, human remains.
At this point, opening up a conversation about sexting in our community is essential. If students don’t understand the consequences of sexting, it will continue to be a problem.