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[bacasper]

This case demonstrates, among other things, how nearly HALF of all sex offenders against minors are - other minors!

Middle school students charged in 'sexting' case

Police said Valparaiso boy, girl sent nude pictures to each other

VALPARAISO | Two Ben Franklin Middle School students who Valparaiso police said were caught using their cell phones to exchange nude pictures of each other -- a practice called sexual texting or "sexting" -- are facing criminal charges.

A 13-year-old Valparaiso girl and a 12-year-old Valparaiso boy were referred to juvenile probation on charges of possession of child pornography and child exploitation. In adult court, the charges would carry a maximum penalty of 11 years in prison, but prosecutors expect the case to be handled in the juvenile system.

"Something needs to be done, but we think dealing with them through the juvenile court system is appropriate, so as not to saddle them with (consequences) from the adult system," Porter County Prosecutor Brian Gensel said.

In the adult system, convicted offenders face not only prison time but also having to register as a sex offender.

The case against the Valparaiso students came to light when the girl's phone went off during class Jan. 21 and the teacher confiscated it. The teacher told police the girl asked to delete something from the phone before it was turned over to the administration, but that request was denied.

The teacher said the girl began crying, saying she would get in trouble because the boy had sent her a dirty picture.

An investigation revealed the boy sent the girl an explicit photo of himself Jan. 17 and asked her to use her cellular phone to send back a similar picture of herself, which she did, police said. Police further found out the girl showed the picture of the boy to one of her friends.

Deputy Prosecutor Cheryl Polarek said young people don't understand the ramifications of texting nude pictures or posting certain material on social networking sites like Facebook. She said a nude picture could end up being shared with half the school and could get in the hands of people who seek out child pornography.

Even though it is illegal to send or possess nude pictures of someone younger than 18, a national survey found 20 percent of teens have texted or posted online nude or semi-nude pictures of themselves.

Gensel, who belongs to the National District Attorneys Association, said the association's trade publication featured a column on sexting that highlighted Montgomery County, Ohio, Prosecutor Mathias Heck Jr.'s implementation of a "diversion program" for sexting cases.

Young people who enter the diversion program undergo education on appropriate sexual boundaries and related topics, complete community service and relinquish their cell phone for a period of time. If the program is successfully completed, the charges are dismissed or never filed.

Gensel agrees with Heck that there needs to be some "tempering" of prosecution so some foolish, consenting behavior doesn't have long-term ramifications on young people's lives. Gensel favors a system in which young people receive an explanation about how serious of a matter sexual texting is, and that there will be serious consequences if they continue doing it.

Valparaiso police Sgt. Michael Grennes said this case shows the need for parents to educate their children about what they can and can't do with their cellular phones or on their computers. He also recommends parents to follow through by monitoring their children's phone and computer use. He also said parents might want to consider whether their child really needs to own a phone.

[NovaKart]

I'm glad the prosecutors realize they shouldn't make these kids face serious charges but I think it's really stupid to even charge them with anything. Are they being charged with exploiting themselves? That's really stupid. Take a law that's meant to protect children and shame these children for doing something a lot of people do. I've let people take explicit photos of me on a cellphone. It's not really appropriate behaviour for a teenager but the parents should handle it, not the courts.

[ontheway]

The crime in this case is letting the government get involved at all.

There was no victim and no crime until the government jumped in.

Now, the two kids are the victims. The prosecutor and everyone else involved for the state are the criminals and they have abused and scarred the two kids.

The stupid teacher should have handed the phone back to the girl and let her delete the message.

[NovaKart]

Absolutely. If I were the teacher I think I would have contacted the parents. That's all, they should decide how to handle this. The state is taking a really puritan attitude in all this and using the excuse of protecting children.

[Ya-ta Boy]

Kids have played doctor (you show me yours and I'll show you mine) for about ever. The only difference now is that electronics are involved which ups the chances for hysterics to get involved.

We've got a culture where half the people sexualize everything possible going up against the other half who think nothing at all should be sexual. A pox on both of them.

[Fox]

[pkang0202]

Whatever happened to telling the parents and letting family take care of it? Its now society's job to educate and punish children?

[Hater Depot]

Prosecutors should not be elected. The only metric the general public has with which to evaluate them is conviction rate. Given their incentives it's hardly surprising they grasp for marginal cases and occasionlly produce injustices.

[Mr. Pink]

This isn't the first story I've heard of this. IMO it is ridiculous that the police even got involved in the first place. I foresee the cops charging the wrong kid, and that kid's deep pocketed parents taking the issue all the way to the supreme court, where hopefully, the stupidity of this will come forth.

[djsmnc]

When my first grade teacher found a note I wrote to a girl saying that I wanted to hump her, she called my parents, I had to have a discussion with my parents about whether or not I knew what procreation was and why we don't say certain things at certain times and ages and that was that.

This story and the one about showering naked is really a sign of heavy handedness that will cause some serious mental unstability. As a parent I would be outraged at the school and the government, which they would probably try to turn on me somehow as it is. Old men texting nude photos of/to children = clearly wrong. Children texting nude photos of each other to each other = childhood curiosity and stupidity that can be corrected through discussion, and at worst through a loss of phone privileges or something.

If they think the current line of reasoning is going to work, then might as well break out the burkas and start separating schools.

[bacasper]

I have NO tolerance for kiddy porn! I don't care what the specifics are. These photos could get in the wrong hands where others might actually masturbate to them! Then who knows what might happen next.

I say try them as adults, lock them up for 11 years each, since that is all our too-lenient laws allow, and let them and any other perverts out there learn a lesson. I want my children safe!

OK, OK. I am just playing devil's advocate.

[djsmnc]

[ChopChaeJoe]

Kind of gross. Tough call if it should be prosecuted. At that age I was playing strip poker with the locals, but we had the decency to do it in secret, not broadcast it via sattellite.

[Fox]

[djsmnc]