Two Indiana middle school students, aged 12 and 13, are facing criminal charges of child pornography and child exploitation for exchanging explicit pictures of each other via cell phone, or “sexting”.
According to the Northwest Indiana Times, the students in Valpariso, IN would face felony charges and sex offender status if convicted in adult criminal court. Prosecutors expect to deal with any criminal issues through juvenile court, which gives the students a chance to avoid the harsh sentences and penalties in the adult criminal justice system. Juvenile court programs allow students to undergo counseling and education programs in place of more serious penalties, and often will allow criminal charged to be dropped or voided if the programs are successfully completed, and there are no other criminal incidents.
There are some new pilot “diversion” programs around the country for teen sexting charges, such as one in Montgomery County, Ohio.
Most state child pornography laws don’t make the distinction between teen sexting incidents and more deliberate acts of distribution child pornography.
But that many be changing. According to NBC Chicago, the Indiana legislature is considering legislation to make the distinction between adolescent/teen sexting, and adult possession of child pornography, and related sex offenses.
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