The Legal Matter
May 5, 2015
Teens in Minnesota who engage in sexting can be prosecuted and punished for serious crimes. Without specific state legislation, sexting is usually prosecuted under child pornography laws.
On a federal level, the Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today (PROTECT) Act of 2003 makes it illegal to produce, distribute, receive, or possess with intent to distribute any obscene visual depiction of a minor engaged in sexually explicit conduct.
Although students may be aware of some of the legal consequences surrounding underage sexting, some forget the severity of the consequences.
“I don’t think [people who sext] think about [the legal consequences] at all,” said Noah Baker, junior. “I think that, with everything nowadays, they think that if they snap a pic and send it through Snapchat, it’s gone in seven seconds and they don’t have to think about it ever again, but that’s not necessarily the case.”
If an individual were to be convicted of a crime related to child pornography, he or she would be required to register as a sex offender under Minnesota Law.
These crimes have become a commonality across the nation. Recently, 12 students at Three Rivers High School in Michigan were implicated in a sexting scandal involving a classmate and prosecuted for child pornography. The officers involved in the investigation said the pictures were first sent consensually and meant for just one person.
The pictures ended up being spread around the entire school, which involved more people in the crime. Teens in Colorado are also under a similar investigation involving the spread of nudes. A minor sent a semi-nude picture to her boyfriend, a person she trusted, and shortly after another student got a hold of his phone and spread the images.
One reason students claim to send nudes is because they say they trust the person on the other side, but recently, this has been put into question.
“If you’re okay sending it, then you’re okay with people seeing it. It’s a possibility,” Lee said.