Should "Sexting" Teenagers Face Child Pornography Charges?

March 9, 2009
By Musca Law on March 9, 2009 8:49 PM |
According to Miami criminal defense attorney John Musca, the rise of teenagers facing criminal child pornography charges over images sent via text message, email, or instant message has been notable. The scenario usually involves a girl taking explicit photographs of herself and showing them to her boyfriend, whom she trusts. Later, the boyfriend sends the images to his friends - or if they have broken up, he might send them to many more people. For example, Phillip Alpert of Orlando got caught up in a child pornography nightmare after his former girlfriend, then 16, mocked him after their breakup. Boiling with rage, the 18-year-old sought revenge. He emailed photos of the girl to their friends, as well as her teachers, parents, and grandparents. Miami criminal lawyer John Musca notes that all evidence indicates that these types of situations are becoming increasingly common.

For Alpert, the decision to email the photos was one which will haunt him for decades to come. He was faced a felony child pornography charge for transmitting the images. Now 19, he is a registered sex offender, and must attend classes with people who have molested children. Neighbors have inquired what his sex offense was, leery about protecting their own children. Any registered sex offender's information, including his height, weight, picture, and home address, are available for public viewing at the Florida Department of Law Enforcement Sexual Offenders and Predators website.

In Florida, prosecutors frequently certify teenagers as adults in more severe cases. At 18, Alpert had aged out of the juvenile justice system, but he could very well have faced adult felony charges even if he had been only 16 or 17 at the time of the sex offense. Miami criminal defense lawyer John Musca advises parents to educate their children about how quickly private information can become personal - and to use good judgment. In some cases, the girls are charged for taking pictures of themselves.



The original report is available here.