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For attorneys who counsel educational institutions, it is only a matter of time before they must grapple with sexting-related issues. Ferman and Lynne Abraham, Sexting. Until then, parents and schools may be better equipped to discipline and admonish sexting teens than are police and prosecutors. Involving law enforcement early will also minimize any potential criminal liability of school personnel. By being aware of the relevant law and having policies in place to deal with sexting, prosecutors and law enforcement, school districts, parents, and teenagers themselves can curb sexting behavior while avoiding liability. Naturally, prohibiting student use of cell phones during the school day can greatly reduce sexting issues at school. A school should confirm whether a student alleged to have sexted actually violated school policy. Teens possessing such messages involuntarily have a defense. On average, one in every five teens at a school near you is sexting. Learn about Fastcase on mobile devices.

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Description: Because determining what constitutes criminal "child pornography" can be difficult even for those in law enforcement, Dave Haslett, Chief of the Illinois Attorney General's High Tech Crimes Bureau, suggests that schools involve law enforcement early to avoid missteps. Schools may also consider coordinating this task with local law enforcement and guidance counselors. Because students may still use computers to send, request, or view offending material, school districts should also consider a broader policy prohibiting the creation, possession, or dissemination of ob-scene or profane materials by students, regardless of the device s used. School districts should work with local law enforcement in establishing district policies and procedures for investigating allegations of sexting. It is increasingly common, especially among sexually curious, hormone-driven teenagers. A school should confirm whether a student alleged to have sexted actually violated school policy. The crime of sexting Sexting can have serious social and emotional consequences for teens and adults alike - especially where a picture is taken without knowledge, forwarded without consent, or used to bully and harass. But when a teenager meaning a minor between 13 and 17 creates, sends, or receives a sext message in Illinois, he or she may have committed the criminal offense of child pornog raphy. For example, after hundreds of people were sent sext messages a teen had sent only to her boyfriend, she was cruelly harassed through MySpace and Facebook, leading her to hang herself. When disciplining sexting students, school personnel should consider the facts of the situation and review district policies related to sexual harassment, bullying, indecent or profane materials, use of electronic devices, and failures to abide by student handbook guidelines. Teens possessing such messages involuntarily have a defense. See Miller v Skumanick , F Supp 2d MDPA granting temporary restraining order preventing prosecutor from filing child pornography charges against teens alleged to have sexted. Based on this dialogue with law enforcement, the school district should revise its policy and procedure accordingly.
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