Investigators serve warrants at high school over sexting

[Teh One Who Knocks]

By Jeffrey Wolf - 9 News Colorado


PARKER - Deputies were at Chaparral High School on Tuesday afternoon and were serving warrants as part of an investigation into sexting.

The Douglas County Sheriff's Office says it is at the beginning stages of a sexting investigation and deputies had warrants to take phones from teens at the school in Parker.

Douglas County School District spokesman Randy Barber would only confirm that warrants were being served at the school.

The sheriff's office says the school is not involved in the investigation.

Deputies did not say what kind of content was on the phones they seized, but sexting is generally the exchange of sexual content via text message.

[RBP]

:-k

[Teh One Who Knocks]

:-k

Yes? :-k

[RBP]

can we see the evidence against them? 8-[

[Teh One Who Knocks]

can we see the evidence against them? 8-[

:slap:

[RBP]

:slap:

Fine! :x

I'll file a Freedom of Information Act request :nana:

[DemonGeminiX]

I'm starting to get annoyed by this criminalyzing of teens for their sexual curiosity.

[RBP]

I totally disagree DGX... either change the law for everyone or no one.

[KevinD]

Run this by me again. If I and my wife are sexting, that is legal, right?
And if underaged teens are doing it (with other underaged teens) that is illegal. But, it's legal for those same teens to have sex together?


In Colorado, the age of consent for sex is 17 years old. Like many other states, the age difference between the two actors comes into play when one of them is a minor.

In Colorado, a person who is under 15 can legally consent to have sex with someone who is no more than 4 years older. A person under 17 can legally consent to sex with a person who is no more than 10 years older.

So, where exactly is the crime here?

[RBP]

Run this by me again. If I and my wife are sexting, that is legal, right?
And if underaged teens are doing it (with other underaged teens) that is illegal. But, it's legal for those same teens to have sex together?

So, where exactly is the crime here?

The crime is the production of pictures and video. It's illegal under 18 regardless of age of consent for sex.

[KevinD]

Again, I fail to understand how making a picture yourself (if under 18) and sending it to someone else (also under 18) can be illegal, when it is NOT illegal for the same two to have sex. Stupid law if you ask me.

[RBP]

Again, I fail to understand how making a picture yourself (if under 18) and sending it to someone else (also under 18) can be illegal, when it is NOT illegal for the same two to have sex. Stupid law if you ask me.

Because either it's child porn or it's not. It can't be fine as long as it's on that girls cell phone but felony possession/distribution for that same image to be posted on a message board. So mom pays for the cell phone which contains the images. Is she responsible for child porn? idk, but it's an interesting question...

And maybe someone can enlighten me, but I don't think someone under the age of consent can technically have sex legally.

[RBP]

I'll give you another example. An enterprising high school student began collecting sexting pictures. He made cd's of the collection and sold them at school.

He was arrested for selling child porn. Yes? No?

[Godfather]

Because making weed illegal stops teenagers from smoking it? Making the kids who are dumb enough to participate in this into criminals isn't going to help them. It may serve as a deterrent, but probably not, and that's not the only reason laws exist anyways.

I agree this is unacceptable (stupid, illegal, cause for much future regret, ect) and these kids are endangering themselves... but whatever the higher powers do, it has to help somehow.... I'd like to see an expansion on the strategy of the prosecutors here that explains how this actually serves society (including the accused); not just the Morality Principal where we blindly prosecute because it's against our convictions.

[KevinD]

When you start sharing them outside of the intended recipient, then yes, can be construed as porn, and if underaged, most def. child porn.
My point is that in Colorado, the way I understand the age of consent law there, it would be legal for a 14 year old (or possibly 13 year old?) to have sex with a 17 year old (note, all under 18) Since that is indeed legal, how is having a nude picture of your lover, in your sole possession, illegal?
Basically what I am getting at it, how is the Child porn law of Colorado (I assume there is one? Or are they operating under Federal laws?) worded so that it would supersede the age of consent laws of that state?

Note. I am not advocating underaged sexting in any way, shape or fashion.

[RBP]

Because making weed illegal stops teenagers from smoking it? Making the kids who are dumb enough to participate in this into criminals isn't going to help them. It may serve as a deterrent, but probably not, and that's not the only reason laws exist anyways.

I agree this is unacceptable (stupid, illegal, cause for much future regret, ect) and these kids are endangering themselves... but whatever the higher powers do, it has to help somehow.... I'd like to see an expansion on the strategy of the prosecutors here that explains how this actually serves society (including the accused); not just the Morality Principal where we blindly prosecute because it's against our convictions.


When you start sharing them outside of the intended recipient, then yes, can be construed as porn, and if underaged, most def. child porn.
My point is that in Colorado, the way I understand the age of consent law there, it would be legal for a 14 year old (or possibly 13 year old?) to have sex with a 17 year old (note, all under 18) Since that is indeed legal, how is having a nude picture of your lover, in your sole possession, illegal?
Basically what I am getting at it, how is the Child porn law of Colorado (I assume there is one? Or are they operating under Federal laws?) worded so that it would supersede the age of consent laws of that state?

Note. I am not advocating underaged sexting in any way, shape or fashion.

Again, it's not a difficult equation as it stands right now. Pictures or video of nude or engaged in a sex act under 18 is child porn.

I hear what you guys are saying but unless we are willing to let people under 18 do porn, or we are willing to say that somehow were going to judge the intent of the parties involved you're going to have to live with a line in the sand at 18. It gets too muddied to say it's not child porn if she sends it to her boyfriend, but it is child porn if he downloads the picture to his computer and shows his older brother? That doesn't make sense either, it's the same image.

[KevinD]

I understand your point RBP, really I do. And for the most part I agree. However, let's say two kids under 17 are at a party in Colorado. They have sex in front of other kids under 17. Is this illegal? It's certainly porn.
Actually, after reading Colorado's age of consent laws, they are pretty relaxed:


In the state of Colorado the age of consent is 17. Sexual consent means that all parties actively agree to engage in the activity, consent is giving in a fully conscious state of being and is shown both in act and in attitude.

There are many other details that come into play when it comes to sexual consent in Colorado. People who are close in age are an exception.

Fifteen and sixteen year olds may engage in sexual acts with those less than ten years older. Kids less than 15 years old can engage in sexual acts with others less than four years older. So, a 16-year-old may have sex with someone up to 25 years of age and a 12-year-old, in the case of Kayleah Wilson, may consent to sex with a 16-year-old.

A 17-year-old may not legally consent to a person that is in a position of trust such as a teacher or guardian.

Texas is defined a bit clearer:


The age of consent in Texas is 17. However, "It is an affirmative defense to prosecution under this section that the actor was not more than three years older than the victim and of the opposite sex and did not use duress, force, or a threat against the victim at the time of the offense and is not a registered sex offender.

[RBP]

I understand your point RBP, really I do. And for the most part I agree. However, let's say two kids under 17 are at a party in Colorado. They have sex in front of other kids under 17. Is this illegal? It's certainly porn.
Actually, after reading Colorado's age of consent laws, they are pretty relaxed:

Texas is defined a bit clearer:


It's only illegal if they take pictures or video, that's the point of the sexting part. Hell it's legal in Illinois for me to bang a 17 year old, I just can't video it.

[Loser]

Age of consent has nothing to do with this. It comes down to one simple thing.

You, as a person, are not an adult until you reach the age of 18. Anything under, you're considered a child.

Naked pictures of children=child pornography. Flat out.

[Godfather]

Again, it's not a difficult equation as it stands right now. Pictures or video of nude or engaged in a sex act under 18 is child porn.

I hear what you guys are saying but unless we are willing to let people under 18 do porn, or we are willing to say that somehow were going to judge the intent of the parties involved you're going to have to live with a line in the sand at 18. It gets too muddied to say it's not child porn if she sends it to her boyfriend, but it is child porn if he downloads the picture to his computer and shows his older brother? That doesn't make sense either, it's the same image.

I agreed with you to a large extent. You skirted around my post by answering the same way to Kev's opinion. I asked what is actually a good solution. To me, charging U18's with child porn they've chosen to partake in, the same way you charge an adult with possession of it is hypocritical... with one hand you strike them down saying they're not adult enough to decide to create this crap, and with the other we should punish them the same as an adult?

[KevinD]

That's basically where I was going with this GF. I just got bogged down in details, lol.

[RBP]

I agreed with you to a large extent. You skirted around my post by answering my the same way as Kev's, when I asked what is actually a good solution. To me, charging U18's with child porn they've chosen to partake in, the same way you charge an adult with possession of it is hypocritical... with one hand you strike them down saying they're not adult enough to decide to create this crap, and with the other you say we should punish them the same as an adult?

I don't think I made any comment regarding punishment, we are arguing about what defines child porn. In the same way as courts would decide what is appropriate for the same crime juvi v adult, the court would have to make that call. We can argue punishment if you'd like; that's a different subject.

[Godfather]

we are arguing about what defines child porn.

My original post was almost entirely concerned with why and how this proceeds in court.


We can argue punishment if you'd like; that's a different subject.

For sure! I was wondering out loud what the prosecution aims to do here, not if this is or isn't a very negative thing. The next step is what interests me

[RBP]

Because making weed illegal stops teenagers from smoking it? Making the kids who are dumb enough to participate in this into criminals isn't going to help them. It may serve as a deterrent, but probably not, and that's not the only reason laws exist anyways.

I agree this is unacceptable (stupid, illegal, cause for much future regret, ect) and these kids are endangering themselves... but whatever the higher powers do, it has to help somehow.... I'd like to see an expansion on the strategy of the prosecutors here that explains how this actually serves society (including the accused); not just the Morality Principal where we blindly prosecute because it's against our convictions.

This OP? I thought you were addressing whether it's criminal at all, which to me is the same as arguing if it's child porn.

[RBP]

For sure! I was wondering out loud what the prosecution aims to do here, not if this is or isn't a very negative thing. The next step is what interests me

So can we agree with the definition (that Loser agrees with also) that under 18 nudes or sex acts is illegal?

[Godfather]

This OP? I thought you were addressing whether it's criminal at all, which to me is the same as arguing if it's child porn.

I'm not arguing if it's criminal, I used the word illegal along with dangerous and stupid to describe it.

But I'm still calling into question what the purpose of prosecuting is? Where is this going? Are these investigators about to make skapegoats out of a few kids unlucky enough to be the first busted in their county, thus appeasing the PTA? Or is precedent actually going to be set that protects the victims of child porn here.

[RBP]

Can you stop editing so I can respond? :lol:

[Godfather]

Can you stop editing so I can respond? :lol:

It's very hard for me to stop. :lol: Someone needs to put a timer on me.

[Loser]

If someone is under 18, it's considered child porn. End of.

Doesn't matter who you send it to, it's considered child porn.

That's federal law.

http://en.wikipedia.org/wiki/Child_Protection_and_Obscenity_Enforcement_Act

[RBP]

I'm not arguing if it's criminal, I used the word illegal along with dangerous and stupid to describe it.

But I'm still calling into question what the purpose of prosecuting is? Where is this going? Are these investigators about to make scapegoats out of a few kids unlucky enough to be the first busted in their county, thus appeasing the PTA? Or is precedent actually going to be set that protects the victims of child porn here.

idk about scapegoats, but they will bust what they find, sure. That's no different than any other child porn investigation is it? You use an interesting term in saying "victims" because I think victimology is contextual. What I mean is there may very well be no 'victim' per say if a 16 yo girl texts her BF a picture of her vag. I'd be willing to bet my life that her parents would think she's a victim of child porn if it appeared an a porn site.

As for punishment, I would probably lean towards something like what happens with DUI. First offense pay a hefty fine and go home... after that it becomes more severe to where if it's the third or fourth you do actual jail time. I am just thinking out loud.

[RBP]

If someone is under 18, it's considered child porn. End of.

Doesn't matter who you send it to, it's considered child porn.

That's federal law.

http://en.wikipedia.org/wiki/Child_Protection_and_Obscenity_Enforcement_Act

Thanks Loser, I think we've decided to agree it's criminal and move on to what to do about it.

[Loser]

Sorry, but there really isn't anything to do about it.

It's a difficult subject, but it's something that needs to be squashed.

The simplest of things to do is have age locks in the software of camera phones so people under 18 can't use them.

As for people caught doing it, it should still fall under child pornography. Maybe with charges to a lesser extent, but yea.

[RBP]

Sorry, but there really isn't anything to do about it.

It's a difficult subject, but it's something that needs to be squashed.

The simplest of things to do is have age locks in the software of camera phones so people under 18 can't use them.

As for people caught doing it, it should still fall under child pornography. Maybe with charges to a lesser extent, but yea.

Totally agreed...

[Godfather]

idk about scapegoats, but they will bust what they find, sure. That's no different than any other child porn investigation is it? You use an interesting term in saying "victims" because I think victimology is contextual. What I mean is there may very well be no 'victim' per say if a 16 yo girl texts her BF a picture of her vag. I'd be willing to bet my life that her parents would think she's a victim of child porn if it appeared an a porn site.

As for punishment, I would probably lean towards something like what happens with DUI. First offense pay a hefty fine and go home... after that it becomes more severe to where if it's the third or fourth you do actual jail time. I am just thinking out loud.

You and Loser are right. My ramblings stem from concern that this is going to be manhandled by the courts and wreck some young kid's life, when he/she goes to get a job or when his/her parents boot him onto the street because in a moment of being a dumbass they snapped and sent a pic with an iPod.

Teenagers are a curious bunch :lol: More and more I see stuff that leads me to believe they're just hated as a group.

Off topic, but I found this pretty interesting if you have 40 minutes to hear some science on, and think about why Teenagers do some of the things they do...
http://www.cbc.ca/natureofthings/episode/surviving-the-teenage-brain.html

[RBP]

You and Loser are right. My ramblings stem from concern that this is going to be manhandled by the courts and wreck some young kid's life, when he/she goes to get a job or when his/her parents boot him onto the street because in a moment of being a dumbass they snapped and sent a pic with an iPod.

Teenagers are a curious bunch :lol: More and more I see stuff that leads me to believe they're just hated as a group.

Off topic, but I found this pretty interesting if you have 40 minutes to hear some science on, and think about why Teenagers do some of the things they do...
http://www.cbc.ca/natureofthings/episode/surviving-the-teenage-brain.html

Of course I am right!! :lol:

The hard part will be the parents who will defend the kids. This is going to get interesting.

I will check that video out tomorrow.

[RBP]

and might I say it was nice to have a debate that didn't get personal.

[Teh One Who Knocks]

Nice debate going on in here :thumbsup:


An update from the local news:



4 students' phones seized in sexting investigation
By Jeremy Wolf - 9 News Colorado


PARKER - Accusations of the sharing of sexually explicit photos and text messages could lead to serious charges for some Chaparral High School students.

9Wants to Know has learned this is at least the second school sexting investigation in Douglas County in the last six months.

Douglas County Sheriff's deputies served search warrants at Chaparral High School Tuesday afternoon.

9NEWS has learned deputies took at least four students' cellphones and they'll be searching those phones for evidence of sexting.

The Douglas County Sheriff's Office got a tip about lewd photos and text messages circulating around Chaparral High School in Parker.

Deputies arrived just before school let out for the day and confiscated the phones from the students who may be involved.

Nobody was arrested Tuesday.

Lt. Glen Pikesmeyer says the investigation is in the early stages.

Pikesmeyer says everyone involved is high school aged and the reason deputies came to the high school is because that is where the cell phones were. He says investigators hope by seizing the phones, they can stop the pictures from going any further, if indeed they do exist. Sexting is generally the exchange of sexual content via text message.

"This has been going on ever since people have been able to send messages and pictures via cell phone. Kids have to be aware of what they're sending out. Once it gets out there, it can stay out there. It'll just go viral," Pikesmeyer said.

One student named Amy, who asked us not to use her last name, says a lot of students are sexting without realizing these potentially humiliating pictures could end up anywhere.

"Usually it's like sports bra and shorts and sometimes not their face. And depending on the girl it gets really graphic and gross. I don't think they think anyone is going to find out. In middle school, this girl sent a picture to this guy naked and he sent it to all of his guy friends and it just spread," Amy said.

9Wants to Know uncovered another Douglas County search warrant involving sexting. Last fall, deputies seized eight cellphones from Cresthill Middle School in Highlands Ranch.

According to the warrant, a young girl sent nude pictures of herself to another student and they quickly circulated.

A similar case in Colorado Springs in February 2010 led to the suspension of several middle school students.

"They just send bad pictures and usually teachers don't find out but kids do," Amy said.

A survey cited by the Colorado Sex Offender management board says 20 percent of teens and 33 percent of young adults say they've sent or posted nude or semi-nude pictures or video of themselves - many because of pressure from a guy or girl.

Randy Barber, public information officer for the Douglas County School District, did not give specific details about either Douglas County sexting case.

"We're cooperating with the investigation by the Douglas County Sheriff's Office. They did serve some search warrants here today and we're certainly waiting to see what that investigation will bring. Our biggest priority is making sure that students are safe," Barber said.

If deputies find evidence of sexting, the students involved could be charged with sexual exploitation of a child. If convicted of the class 6 felony, penalties range from fines of $1,000 to $100,000, all the way up to two years in jail.

Sexting is considered a sex crime in Colorado and cases are handled on a case-by-case basis. Investigations involving minors sexting to other minors are handled differently than cases where adults are in possession of lewd photos of underage children. The legal definition of a child in these cases is anyone under the age of 18.

9NEWS Legal Analyst Scott Robinson says a conviction on related charges could have lifelong consequences, including being labeled a sex offender if they are convicted.

Robinson says there is a difference between sending a sexting message and innocently receiving one, but if you are part of a larger group who on more than one occasion passes around these kinds of messages you could be considered part of a conspiracy which could carry the same stiff penalties.

According to Colorado laws, sexting is considered child pornography. Whenever nude photographs of a minor are distributed to others, the laws protecting children from pornography and exploitation come into play, making "sexting" very much a sex crime. It is considered a felony, which means county prosecutors will be forced to treat them accordingly, whether they want to or not.

Amy hopes this incident will serve as a warning to students who think about sexting.

"Don't do it. Have more respect for yourself," Amy said.

[Pony]

Yes, it's illegal and yes it should be punishable in court IMO.

The problem lies in the fact that they like to paint everything with the same broad brush these days. They will punish a 16YO guy for sending a pic to his 16YO girlfriend the same way they would punish a 50YO man for having thousands of pre-teen pictures on his computer. There needs to be some flexibility because those two examples are NOT the same thing.
Give the kids a slap on the wrist, educate them on the laws and punishments and let them go with a fine. It's just ridiculous to punish a teenager by branding him a sexual predator for the rest of his life and IMO it diminishes the "label" of "sexual predator". If you end up with tens of thousands of kids caught sexting on the predator list how do you distinguish them from the real sicko's?

[RBP]

Yes, it's illegal and yes it should be punishable in court IMO.

The problem lies in the fact that they like to paint everything with the same broad brush these days. They will punish a 16YO guy for sending a pic to his 16YO girlfriend the same way they would punish a 50YO man for having thousands of pre-teen pictures on his computer. There needs to be some flexibility because those two examples are NOT the same thing.
Give the kids a slap on the wrist, educate them on the laws and punishments and let them go with a fine. It's just ridiculous to punish a teenager by branding him a sexual predator for the rest of his life and IMO it diminishes the "label" of "sexual predator". If you end up with tens of thousands of kids caught sexting on the predator list how do you distinguish them from the real sicko's?

I wouldn't think they'd be treated the same. What's makes you think that's true?

From Lance's update:


Sexting is considered a sex crime in Colorado and cases are handled on a case-by-case basis. Investigations involving minors sexting to other minors are handled differently than cases where adults are in possession of lewd photos of underage children.

[Hal-9000]

I had sex when I was 16 and she was 16, was that illegal? (She consented, I had to be talked into it :oops:)

[Hal-9000]

and might I say it was nice to have a debate that didn't get personal.

what an idiotic post, only you would write something stupid like that :x











:dance:

[Godfather]

Sexting is considered a sex crime in Colorado and cases are handled on a case-by-case basis. Investigations involving minors sexting to other minors are handled differently than cases where adults are in possession of lewd photos of underage children.

That's all that matters to me... These kids are endangering themselves more than anyone, and it just needs to be handled very differently in court.