

But, in this situation, the judge could authorize diversion so the children can receive counseling instead of a felony record. All of these children have violated New Jersey's law against child pornography (see definition below). He forwards them on to two of his friends (also age 14), who both look at the picture but quickly delete it. She sends those photos, with her friend's permission, to her friend's 14-year old crush. Say a 13-year-old girl takes topless photos of a friend.

Diversion programs allow a child to avoid juvenile or criminal prosecution and record. To qualify for diversion, the creator and subject of the image must both be younger than 18. If appropriate, the judge may order a child who creates, distributes, or exhibits images that qualify as child pornography to participate in an educational program or counseling that addresses the consequences of sexting. New Jersey created a diversion program that may be used in lieu of criminal prosecution for teens and minors (younger than 18) who are charged with child pornography as a result of sexting. Sexting Diversion Program for Teens and Minors If photos end up on the Internet, they can be difficult (if not impossible) to remove-resulting in a permanent record of the worst kind. Private images can very easily be distributed and made public, causing distress, harassment, and lasting damage to a teen's reputation. In addition to legal trouble, students can be disciplined at school.
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Interviews with teenagers show that many don't understand the full consequences of sexting.
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Although the charges were later reduced and the girl ultimately received counseling and probation, she could have faced years of confinement and mandatory sex offender registration had she been convicted of the more serious charges. In states without specific legislation, children who share nude or sexually suggestive photos of minors can be convicted of crimes under a state's child pornography or child enticement laws, which are intended to target adult sexual predators and carry harsh penalties.įor example, before New Jersey passed its teen sexting law in 2012, one 14-year-girl in Passaic County was charged with possession and distribution of child pornography after posting a bevy of explicit photos of herself on her Myspace page. Some states, like New Jersey, have specific legislation that deals with teen sexting. Sexting is the sending of nude or sexually explicit photos by electronic means, such as a text message.
