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Thus, a 17-year-old who snaps his or her own revealing picture has technically created child pornography, a Class 1 felony with a mandatory fine of between ,000 and 0,000 and at least four years in prison.
While the statute does not define "sufficient time," sooner is better than later.
School districts should work with local law enforcement in establishing district policies and procedures for investigating allegations of sexting.
They should discuss whether and how, if at all, law enforcement will be involved in sexting issues.
Teen sexting confronts attorneys and courts with new and complicated legal issues.
Moreover, a sexting teen's social and legal problems often converge at the schoolhouse door.
anyone he or she should know is under the age of 18 and who is engaged in any sexual act or in any pose involving lewd exhibition of unclothed or transparently clothed genitals, pubic area, buttocks, or female breast.
but even compliant individuals face the shame and scrutiny of public reporting. Michelle Manchir, , Chicago Tribune (posted March 18, 2010), online at A similar bill, HB 4583, passed the Illinois House on March 11.
Beyond registering and reporting as sex offenders, students convicted of child pornography may also be bound by other restrictions that can significantly complicate their lives. Bland, , Arizona Republic (Aug 27, 2009) (cited in note 6) ("Lawmakers in Vermont, Utah and Ohio are making sexting a misdemeanor instead of a felony when the cases involve teenagers, and as long as the sender voluntarily transmitted the image."). Act of May 9, 2009, 2009 Vt Laws 58§ 4, to be codified at 13 VSA§ 2802b, online at Another slightly more punitive sexting bill, HB 5164, was still alive at presstime. Telephone conversation with Dave Haslett, Chief of the Illinois Attorney General’s High Tech Crimes Bureau (Sep 28, 2009). See Bassett, , The Telegraph (Jun 27, 2009) (cited in note 5) (Explaining that school districts are reviewing and amending policy to account for recent sexting behavior). Telephone conversation with Daniel Spillman, attorney for the Illinois Attorney General High Tech Crimes Bureau (May 13, 2009).
Because of their age, a vast majority of sexting teenagers attend school.
Thus, even if the likelihood that sexting teens will be charged with a felony is remote, school districts cannot ignore the disruptive and potentially tragic consequences of sexting among their students.