Amy Gabriel asked a group of about 40 Collinsville Middle School students Friday morning if they knew there were legal consequences to sexting. Approximately 10 percent raised their hand to say they did know before Gabriel’s presentation.
Assistant Madison County State’s Attorney Amy Gabriel / Photo by Roger Starkey
Now 100 percent know, and that is why Gabriel, assistant Madison County state’s attorney, was willing to spend a day giving presentations at the middle school. “It’s happening now, with kids in this age group,” Gabriel said.
According to a 2008 survey 20 percent of teens admitted they sexted. Just over 2/3 of the teens intended the images for a boyfriend or girlfriend, but 25 percent of the teen girls and 33 percent of teen boys admitted they had seen sext messages intended for someone else. The survey was conducted by the National Campaign to Prevent Teen and Unplanned Pregnancy and Cosmo-girl.com, Sex and Tech and results provided in “Sexting: It’s No Joke, It’s a Crime,” published in the Illinois Bar Journal.
The presentation Friday by Gabriel, who heads the Madison County State’s Attorney’s Children’s Justice Division, was the same she has given at high schools in the county, but the first time she has given it to a middle school. Apart from, perhaps, being a little more attentive, Gabriel said the reception was the same.
“Across the board, they are shell shocked,” Gabriel said.
The focus was to educate the students that it is illegal to capture, send or receive lewd material, often referred to as sexting, of an underage person. Approximately 40 percent of the assembled middle school students gathered for the 10:20 a.m. presentation knew of someone who had participated in sexting. Gabriel said all but one in the previous presentation knew someone who had participated.
“I get it, this is not the most comfortable subject to talk about. It can be a little bit funny at times,” Gabriel told the students. “When we get past that, we realize that there are some very serious consequences.”
Gabriel was blunt with the students about the goal of her visit. “I’m here to scare you,” Gabriel said. “I’m here to tell you this is a law in the state of Illinois. Don’t do it.”
Prior to legislation that went into effect on Jan. 1, 2013, it was a felony for anyone to possess a lewd picture of a minor. New laws lessened the consequences for minors in possession of such pictures. Juveniles now typically face community service, supervision and counseling.
The minor could, however, face more serious charges, such as manufacture and dissemination of child pornography. If convicted the juvenile could become a register sex offender.
If anyone was thinking the images could simply be deleted, Gabriel informed the students that “everything digital leaves a footprint. Don’t even put it out there.”
Even Snapchat, a service famed for removing messages quickly, is not immune to a digital footprint. A screen capture can be taken of the message and it could be posted on a website like snapchatleaked.com, Gabriel said.
The CMS students were concerned that they could be charged for a crime by simply receiving an image. But the message was simple, delete it immediately and, in Madison County, you most likely will not be charged.
Gabriel’s final message to the students was about self-respect, rather than running afoul of the law.
“Have some self-worth,” Gabriel said. “Treat yourself better than that.”
