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Post on 06-Nov-2021
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WHAT IS SEXTING?
The act of “sending sexually explicit materials through mobile phones”
Messages, photos, and/or videos
No nudity (sexually suggestive words), partial nudity, full
nudity
NEW YORK LAWS
Obscenity in the Third Degree – Misdemeanor
Disseminating indecent material to minors in
the first degree – Felony
Endangering the Welfare of a Child –
Misdemeanor
FEDERAL LAW
The PROTECT ACT
Illegal to:
Produce OR
Distribute OR
Receive OR
Possess
with intent to distribute any obscene
visual depiction of a minor engaged
in sexually explicit conduct
FEDERAL LAW, CONT.
· Illegal to cause a minor to take part in
sexually explicit conduct in order to
visually depict that conduct
· Parents who allow this behavior can
also be prosecuted.
FEDERAL LAW, CONT.
Also a federal crime to
· use a computer
· to ship, transport, receive, distribute or reproduce
· for distribution
· a depiction of a minor actually engaging in sexually explicit conduct, or any material that otherwise constitutes child pornography
FEDERAL LAW, CONT.
Also a federal crime to
· promote or solicit
· sexually explicit material involving a
minor
WHAT HAPPENS IF YOU’RE CAUGHT SEXTING?
1. Law enforcement investigation
2. Arrest
3. Appearance Ticket – Probation Department
4. Diversion Program
5. Family Court
PENALTIES
Probation Supervision
Placement Outside the Home
(under 16)
Conditional
Discharge
Jail (over 16)
OTHER CONSEQUENCES
-Sex Offender registry
-criminal record (if over 16)
-college applications
-job applications
-military applications
Cell Phone Forensics 101
Forensic experts can retrieve just about anything from any
phone at any point in time
Once you create something, you can’t get rid of it
Once you send something, you lose control over it
DON’Ts
● Don’t Save it
● Don’t Forward it
● Don’t Show it to Anyone Else
● Don’t Reply
● Don’t Send Any Sexts Back
● Don’t Screenshot it
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