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Knowingly possessing it, even without sending it on to another person, is illegal.It is illegal for anyone to knowingly send to any person under the age of 18 matter considered to be "harmful.As a result, many jurisdictions have felt compelled to use the criminal justice system, and we will as well if appropriate and necessary.Parents and guardians should be informed about the function and capabilities of the electronic communication devices their children are using.Thus, for example, a sixteen year old who photographs him or herself nude, and sends it to their boyfriend or girlfriend, violates this statute.A person who receives such a picture attached to an email, for example, and who knowingly forwards it to another person, may also be in violation of this law. "Sexting" is the act of sending, receiving, or forwarding sexually explicit messages, photos, or images via cell phone, computer, or other digital device.These messages, photos, and images are then often being further disseminated through email and internet-based social networking websites well beyond their original intended recipients.
According to a 2014, National Campaign to Prevent Teen Pregnancy report, Teenage Sexting Statistics, nearly 40% of all teenagers have posted or sent sexually suggestive messages, but sexting is more common among boys than girls.
School administrators are working to educate their staff about "sexting", and are reviewing school cell phone use policies so they can respond appropriately to the problem.
Parents also need to educate themselves about the problem of "sexting", including the potential consequences of this behavior, and the resources which can help them address the issue with their children.:"Sexting" may violate the laws of the Commonwealth that were established to keep our children safe.
The child pornography laws in Massachusetts are all felonies; they are quite serious, and there are no "lesser" charges (i.e. Incidents of "sexting" in Berkshire County will be taken very seriously, with law enforcement intervention if necessary., to knowingly encourage, cause, coerce, solicit, or entice a person under 18 years of age - male or female - to pose or be shown in a state of nudity (or semi-nudity) for the purpose of photographing them.
Thus, in many circumstances, encouraging a person, even a friend, who is under 18 to take a photo of themselves nude, or of body parts considered sexual in nature, with their cell phone or digital camera, violates this statute., to knowingly send out or disseminate pictures of a person under 18 (1) in a state of nudity (or semi-nudity) or (2) engaged in a sexual act.
When asked why they do it, the answers ranged from "it's fun," "it's flirting," "it's a present for my boyfriend" to "it might help me to hook up with someone I like" or "it's just a joke." Although nearly 75% of those surveyed indicated that they believed that sending this type of material can have serious consequences, 25% percent suggested this behavior was "no big deal."Young adults, their parents and the public must understand that this behavior "a big deal." This behavior is serious and unsafe.