Legislators may not have had cell phones in mind when they wrote Kansas statutes dealing with predators and pornography, but technological advances have brought “sexting” into the legal arena.
Lyon County Attorney Marc Goodman on Friday afternoon warned parents to check their children’s cell phones for inappropriate messages and photographs. The communications are something that have evolved from most cell phones’ abilities to transmit photographs and videos, as well as connect with Internet sites.
It has become known as “sexting.”
“I don’t think kids are doing this to intentionally break the law,” Goodman said. “… Is it here now? Well, yes, it is. We are aware.”
Goodman said that other states nationwide have had a spate of cases involving use of cell phones for individual communications, chat rooms and Web sites and the passing of photographs that would violate Kansas laws.
Goodman used a couple who are dating, each 17 years old, as an example.
“He says, ‘Send me a photo of you topless’ and she does it,” he said. “Well, one or both have committed a crime. … Who are you going to charge? One or both of them?”
The charges can range from sexual exploitation of a child to more serious felonies, depending upon the situation. Charges grow progressively harsher when dealing with children between 14 and 16 or under 14.
Goodman speculated that easy access to inappropriate materials perhaps has anesthetized adults and children. The anonymity of the Internet and the perceived intimacy of cell phone communications may have given young people a feeling of insulation from the reality of the law.
The “sexting” being sent and received from any location — schools, malls and Walmart — may violate the same state statutes enacted to stop child predators, “this sort of yucky slimy guy hovering around children … trying to entice them.”
“They’re taking nude photographs of themselves and their friends and transmitting them,” Goodman said. “The receiver is arguably committing a crime and the sender is committing a crime. … Who knows how many kids out there are doing this.”
The severity of the crimes, which can involve four Kansas statutes, range from Level 1 person felony to Level 5 person felony, depending upon the charge and ages of the people involved. The statutes that may govern the youngsters’ communications are KSA 21-3510, 21-3511, 21-3516, and 21-3523.
Upon conviction, prison sentences can range from 25 years to life for people 18 and over.
“Do you know you risk potentially severe penalties?” Goodman wants to ask parents and children. “… You begin with 25 to life and for a juvenile, that’s going to be a correctional facility until 23.”
Goodman said that Pennsylvania and New York are “just crawling out of their skins” with cases involving children and sexting.
“I just don’t want this area to get to a point where we’re running rampant,” he said. “I’m afraid we’re going to get a rash of cases against children. Hopefully (parents) will monitor those cell phones. …
“Once this posts across the press, we consider it forewarned.”
royals4life (anonymous) says...
There is currently legislation on the books to eliminate this "sexting" from being considered a "sex-crime". It's completely ludicrous to think that some 17 year old kids could be labeled as sex offenders for sending naked pictures of themselves to each other. Just another example of how our system needs to constantly evolve with the times.
April 25, 2009 at 8:52 a.m. ( permalink | suggest removal )
madpoet (anonymous) says...
There was a case in the New of the Weird a little while back. Two couples in the same city, same ages etc had done the sexting thing. The girl was given an misdemenor while the boy (same age!) a felony. I think they need to set clear guidelines now to avoid kids doing stupid pranks getting a felony conviction. We all need to discuss with our kids what is appropiate to show others and remind them email and cell phones are NOT private. Ask them if they would show that picture to a total stranger and if they say no, then tell them not to send it to a friend either. I would be appalled if my son send or received pictures of someone's private parts. I would have to think about taking the phone if it happened again. That's the worst punishment for the cell phone addicted kids.
April 25, 2009 at 11:17 a.m. ( permalink | suggest removal )
kuronc (anonymous) says...
I don't think our local justice system knows what kind of damage a felony can do to someones record. I'm sure they will have no problem trying MALES for felony charges in a situation like this. With the constant influence of SOS in this community, the MALE is always at fault. Now granted I don't agree with Sexting at all. Unless ur 18 and over and the people who receive and send the messages it should be their choice if they go to authorities. But how can a male get a felony and a female and misdemenor. Women can be monsters as well as the men. In this day and age Males don't get a break its always there fault in domestic violence or sexually harassment. The CO. Attorneys office should concentrate on more important issues then this. Unless the kids are under 18 and don't like it, then do something about it. But sex is everywhere now and last time I checked more highschool kids are having sex then ever before. What's gonna happen when two 16 yearolds have sex and the parents of the girl find out and she gets pressured into going to the authorities what now?? O I know lets charge the MALE with 7 felonys and work down from that.
April 25, 2009 at 11:45 a.m. ( permalink | suggest removal )
seriouslyfolks (anonymous) says...
Children with cell phones in this economy. That makes sense. I'm 35 and don't have a cell phone.
April 25, 2009 at 12:13 p.m. ( permalink | suggest removal )
sundancekid (anonymous) says...
Wow! You're 35 years of age and haven't a cell phone of your own? Doesn't that pose challenges and limitations for you?
On the flip side, I can't recall the last time I had a land line, and I am having a difficult time naming one friend who does have a land line. My iPhone is my constant companion.
April 25, 2009 at 1:11 p.m. ( permalink | suggest removal )
sundancekid (anonymous) says...
I remember, now. It has been 10 years since I had a land line. Wow! It's been that long.
Oh, and I did think of someone who has a land line. My grandmother, but she is considering disconnecting it now that she has begun using her cell phone upon a regular basis.
April 25, 2009 at 1:14 p.m. ( permalink | suggest removal )
madpoet (anonymous) says...
I agree, kuronc, the justice system is biased against males. I'm still steamed that Butler County has not brought charges against the 20 year old woman who seduced my friend's then 14 year old son to get pregnant. Now a kid is a dad and the mom is off scot-free so far. I still say if it had been a 20 year old man and 14 year old girl, the authorities would have moved on it immediately. Over a year later and nothing has been done. What a bunch of crap!
I don't think kids need cell phones until they're old enough to drive. Cell phones are invaluable safety tools in a car if you need help. As long as the kids aren't texting (or heaven help us, sexting) while driving.
April 25, 2009 at 2:05 p.m. ( permalink | suggest removal )
hottopics (anonymous) says...
Not only do you have to be careful that your kids can be charged for this ridiculous law, you also have to make sure that your child at any age DOES NOT say or write anything that has to do assault. Whether they realize what they are doing or not, I promise you if someone tells the police dept. Your child WILL be charged with a FELONY threat. If you don't believe me, ask the county attorney's office. ANY AGE is not exempt.
April 25, 2009 at 3:06 p.m. ( permalink | suggest removal )
biscuitboy (anonymous) says...
with the typical juvinile lack of common sense....and disregard for consequences....sexting is fraught with dangers. Even if both parties are in their middle teens and "so in love", what person trying to get their "this week love affair" to pose nude has not promised "I WON"T SHOW THEM TO ANYBODY ELSE.". And how many times have those photos then shown up on some sleazebag internet site frequented by perverts.
Having said that I agree with others here that charging such foolish acts committed by foolish kids with life-altering felonies seems very counter-productive. A one-size-fits-all approach to law enforcement seldom yields desired results. In the perfect world the best way to deal with this would be parental guidance and control....yea...fat chance of that with many of these so-called parents. As often as not....they are the ones enabling such actions. Refer to the "a good law" postings.
April 25, 2009 at 3:08 p.m. ( permalink | suggest removal )
hottopics (anonymous) says...
There are so many laws that continue to plague our communities that I am afraid to let my kids go anywhere or do anything. Kids cant be kids anymore. If we don't keep our kids locked up at home, the justice system is going to lock them up themselves and let them walk around with lifetime felony convictions. Talk about putting kids in bad situations. The families go into debt on legal fees and the courts of overloaded with ridiculous charges.
April 25, 2009 at 3:17 p.m. ( permalink | suggest removal )
tosie (anonymous) says...
If parents would start being parents and not provide their underage kids with cell phones when they aren't responsible enough to use them we wouldn't have this problem!!! The only reason any child under the age of 16 should need a cell phone is for times like travel for sports, school activities, etc. Sexting is a crime and if some of you people think the kids shouldn't be charged then maybe some of you idiot parents should be!!! This new generation of parents are out of control and need to start being parents....not the kids friends. They need to discipline their children and when they get into trouble, don't blame other people or ask for the law to be changed...discipline them and teach them what is right and wrong!!!!
April 25, 2009 at 5:04 p.m. ( permalink | suggest removal )
hottopics (anonymous) says...
Not ALL parents are letting kids run wild. Not ALL kids are running wild. Ever heard of Bad Things Happen to Good People??
April 25, 2009 at 6:12 p.m. ( permalink | suggest removal )
seriouslyfolks (anonymous) says...
Posted by sundancekid (anonymous) on April 25, 2009 at 1:11 p.m. (Suggest removal)
"Wow! You're 35 years of age and haven't a cell phone of your own? Doesn't that pose challenges and limitations for you?
On the flip side, I can't recall the last time I had a land line, and I am having a difficult time naming one friend who does have a land line. My iPhone is my constant companion."
Yeah I'm 35 and don't have a cell phone. You are probably a doctor or lawyer and need to be reached at anytime but not me I'm just a regular person. I suppose if I was more important I'd see the need for one but I'm not so I don't. Good for you though.
April 25, 2009 at 6:12 p.m. ( permalink | suggest removal )
tosie (anonymous) says...
hottopics - you are right, not ALL parents....I never said ALL...and yes bad things can happen to good people too. But there are some parents that need adjustments to their parenting skills.....I work with parents and children and it is very frustrating to watch the negative dynamics that go on and how unwilling they are to make positive changes.
April 25, 2009 at 6:18 p.m. ( permalink | suggest removal )
biscuitboy (anonymous) says...
toosie.....It sounded to me like the county attorney was saying the laws being used to prosecute sexting cases were written before cell phones were invented....to deal with predators and pornography....and were now being applied to sexting. And therein lies the rub. A 25 year prison sentenced for a couple of kids who are after all only playing a high-tech version of the game we used to call Doctor seems excessive to me.
seriously folks...good answer to a very uppity immature sounding post.
April 25, 2009 at 6:29 p.m. ( permalink | suggest removal )
biscuitboy (anonymous) says...
tosie sorry about misspelling your sign.
And I agree with your lament about parental responsability...or lack of it.
I personally know of a Chase County couple who unable to deal with their unholy spawn at home pack him up...bring him to Emporia....rent him a house....and leave this fruit of their loins for his undeserving neighbors to enjoy. They bred him, bore him, spoiled and ruined him, then dump him off on society at large. And now enjoy their peace and quiet in the Flint Hills and say it wasn't our fault.
Well, it wasn't the taxpayers fault either but I guaruntee they will be the ones to pay the bills on this little bast---.
April 25, 2009 at 6:43 p.m. ( permalink | suggest removal )
create (anonymous) says...
I'm with you, seriouslyfolks. Good post, biscuitboy, I agree with you on the uppity immature point.
I'm 66 years old and even though I have a cell phone, it's only for emergencies, buried in my purse and only taken out when it needs a charge. I can't remember the last time I used it.
I refuse to be at the constant beck and call of people who seem to think they need to contact me for every silly reason. What the hell for? I have things to do and can't be bothered answering a phone every moment of the day.
April 26, 2009 at 9:47 a.m. ( permalink | suggest removal )
sundancekid (anonymous) says...
Nope, just your average Joe, like all my friends and relatives.
"I refuse to be at the constant beck and call of people who seem to think they need to contact me for every silly reason. What the hell for? I have things to do and can't be bothered answering a phone every moment of the day."
Doesn't mean you have to answer the phone, just because it rings.
In this technically-advanced age, I'm just surprised to hear when someone doesn't have a cell phone.
April 26, 2009 at 11:37 a.m. ( permalink | suggest removal )
tosie (anonymous) says...
I don't have a cell phone. My husband does, but only for work and then we share it for in case of emergency when we travel. We do just fine. We also still have a land line and I would not get rid of it.
April 26, 2009 at 3:37 p.m. ( permalink | suggest removal )
biscuitboy (anonymous) says...
I have a cell phone and a land line...but I use the landline always when I.m at home. I find it easier to hold while talking and doing something else....easier to hear and be heard....and certainly easier to dial than those tiny little cell phone keys. But I and sundancekid's grandmother are probably about the same age....so that might explain it.
April 26, 2009 at 4:04 p.m. ( permalink | suggest removal )
gemini (anonymous) says...
How is the RECEIVER committing a crime? I receive unsolicited texts all the time.
A teenager getting a dirty picture via text does not make them a criminal nor does it imply that they "asked" for it.
Furthermore, children having cell phones is not a bad idea (GPS allows parents to track them) however, texting is not necessary on them. Maybe the government needs to work with cell phone companies and parents on limiting texting on phones given to juveniles.
April 26, 2009 at 4:17 p.m. ( permalink | suggest removal )
chiefsfan (anonymous) says...
I don't understand the problem with kids having cell phones. My two kids have had cell phones for a couple of years and they are very responsible with it. They were told to watch their texting and not to go over the limit. The couple of times my son did go over the limit he told us he had gone over and it was only over like 20 or 30 texts, and at only .10 a text, it wasn't more than $2-$3 dollars extra on the bill. After a year, for showing so much responsibility with the texting, we went to unlimited text on our phone plan. They also know not to use it at school. If they were caught using it in school, the teachers took it away and it was not given back until the end of the school year. If you have good and responsible kids than why not let them have cell phones? Not ALL kids are bad. The gist I'm getting from this blog is that kids should not have cell phones, and you shouldn't punish all kids for a few that don't know how to handle the responsibility.
April 26, 2009 at 5:16 p.m. ( permalink | suggest removal )
seriouslyfolks (anonymous) says...
It's not that kids shouldn't have cell phones. The point is, is it prudent?
April 26, 2009 at 6:07 p.m. ( permalink | suggest removal )
hottopics (anonymous) says...
I agree with the fact that the person who receives the pic commits a crime too! If I got in trouble for all the spam I get in my emails...we would all be in the court room.
I have a teen who has a cell but there is no picture texting on the phone plan. Can't send or receive. I have it blocked. I get grief from my teen but I don't care. So maybe you can call your cell carriers and ask about that option.
April 26, 2009 at 7:24 p.m. ( permalink | suggest removal )
tosie (anonymous) says...
It is not the person that receives the pic that gets in trouble - it is if the person that receives the pic and passes it on. This is also not in regards to spam....this sexting has to do with children under the age of 18 that are taking naked pictures of themselves and then passing them on, the next kid passes it on, the next kid passes it on, etc and these kids usually know each other and are knowingly passing around inappropriate pictures of classmates. This is currently treated as a person felony and kids need to be made aware of this being a crime so that they realize how serious this is. If kids get a picture like this then they need to take it to a teacher, principal, or school resource officer immediately and not pass it on so that they don't get into trouble.
There have already been children that have committed suicide over sexting and it is becoming a very serious matter. In my line of work seeing this has really been unnerving and I hope that Emporia schools are going to talk to the children about this issue in hopes of getting it under control.
April 27, 2009 at 7:05 a.m. ( permalink | suggest removal )
biscuitboy (anonymous) says...
tosie
explained that way, I must withdraw my allusion to it as a high-tech game of doctor. I can see where it is a more serious problem than I had originally thought.
I still however have a problem with prosecuting it under laws written for pedophiles and pornographers. Doing so sometimes results in not guilty verdicts being handed down because juries are reluctant to sentence young people to a lifetime designation of sex-offender.
Maybe the legal community and the lawmakers need to get together and write laws more appropriate for the crime. After all, under the situation you described so well, it seems the original sender quickly becomes more of a victim than a perp.
April 27, 2009 at 8:08 a.m. ( permalink | suggest removal )
lyon (anonymous) says...
PARENTS, this should be an eye opener!!! Cell phones should be used for calls only, forget the texting. It is a waste of vauable time! Lets get these kids off of the computers also. I'm sure all you parents aren't checking what your child does all the time. I praise the ones that do check. I dropped my childs texting all together! It causes so much problems between kids anyways.
April 27, 2009 at 11:43 a.m. ( permalink | suggest removal )
tosie (anonymous) says...
YY4U - this is not about me having children or not, this is about children inappropriately using cell phones and the lack of knowledge kids and parents have about sexting. I can only hope that this article can help parents gain some knowledge of sexting or at least let them know that it is happening and to keep a close eye on their child's cell phone and computer usage.
April 27, 2009 at 12:40 p.m. ( permalink | suggest removal )
Tell (anonymous) says...
The County Attorney doesn't arrest anyone for this crime anyway. He is aware of a case and hasn't done a thing for months.
April 27, 2009 at 1:41 p.m. ( permalink | suggest removal )
seriouslyfolks (anonymous) says...
crack
Are you suggesting that parents not talk to their kids about things like sex and drugs because if you do they will do them? Is educating your kids wrong in this new world of "change"? Just let them do whatever they want on the internet, no harm in that. Right? I hope when you're old enough to have kids you don't.
You said "That's the dumbest thing I've heard in a long time."
Apparently you don't read your own posts.
April 28, 2009 at 1:40 p.m. ( permalink | suggest removal )
seriouslyfolks (anonymous) says...
crack
Do your parents monitor your computer use?
April 28, 2009 at 2:09 p.m. ( permalink | suggest removal )
seriouslyfolks (anonymous) says...
crack
With all the name calling perhaps you would like to meet someplace for a one on one "chat"? You name the place and time. I am free most mornings and afternoons before 3. I eagerly await your response.
April 28, 2009 at 2:23 p.m. ( permalink | suggest removal )
seriouslyfolks (anonymous) says...
no need for that, just name a time and a place. I'm short, dark, handsome, and buff(I've been hitting the weights really consistantly since Jan.) I shouldn't be hard to recognize.
Perhaps the guy with the user name cowboy would like to join in on the chat as I'm sure he has a few choice words for you also. Oh and rbow. Oh and josiesbar. Oh and................
April 28, 2009 at 2:39 p.m. ( permalink | suggest removal )
tosie (anonymous) says...
YY4U and crackinsack - Educating your kids at home is a great idea, but if you don't know anything about "sexting" or that it is occurring then how would you educate your child at home about it (or any other important matter)? In order to find out that there is an issue information must be provided to the community, whether that be through the schools or newspapers, etc. So, unless you have something productive or positive to say to the public on these blogs about awareness in regards to this issue, then it would be nice if you would refrain from posting.
April 28, 2009 at 3:51 p.m. ( permalink | suggest removal )
chiefsfan (anonymous) says...
I honestly CANNOT believe I'm saying this, but for once I have to agree with Crackinthehead!!!
"Lets get these kids off of the computers also." Try and get a kid through Middle/High School without a computer....It can't be done. Teachers expect kids to do their research on a computer, type it, and in some cases, provide pictures and clip art for their reports.
I agree that parents need to monitor what their kids are doing on the computer but to take the computer away is as probably as stupid as some of the new laws that have been passed recently.
April 28, 2009 at 6:42 p.m. ( permalink | suggest removal )
seriouslyfolks (anonymous) says...
crack
Why would I be “skerd” to meet someone and speak with them face to face? Why would anyone come to watch two people talk? Why would "lawmen" show up to for two people talking? I'll tell you what, I'll be at the McDonald's by Walmart eating a grilled chicken salad, wearing a light blue t-shirt at 11 A.M. on Saturday. Don't get your hopes up I'll be wearing pants of some sort also.
Any way back to the topic at hand, if your kids don't have cell phones they can't "sext" and your saving money. It's a win win situation. In this economy isn't everybody looking for ways to save money?
April 28, 2009 at 6:51 p.m. ( permalink | suggest removal )
biscuitboy (anonymous) says...
tosie....
If you think this is bad....plow through the 117 or more post on the mortgage board.
April 28, 2009 at 7:38 p.m. ( permalink | suggest removal )
glarson (anonymous) says...
moved to a forum:
http://www.emporiagazette.com/forums/...
April 29, 2009 at 8:30 a.m. ( permalink | suggest removal )