Back-to-school night has a comfortable routine — meeting my son’s teachers, wandering the halls and listening to the achievements of the faculty and staff — but this year the evening was different.
A presenter from the local District Attorney’s Office spoke from the auditorium stage to the assembled parents about social media and the role it plays in their teenager’s life.
Her advice was all too familiar: don’t friend strangers; don’t post harmful or abusive messages; and do protect your passwords and privacy.
She reminded us that anything posted online lives there in perpetuity, a warning from which she launched into how selfies and child pornography or sexual exploitation can be intertwined.
I could sense the discomfort among some of the parents around me. Perhaps, they had never made this disturbing connection. Perhaps, they did not want to admit that their child’s reckless behavior could have these consequences. Or perhaps, they didn’t want to have to “think” about this topic that evening.
Unfortunately, the evening’s schedule kept her presentation brief, but her poignant insights raised several concerns about how vulnerable our sons and daughters really are.
Any sexually explicit selfie they take could make them susceptible to those engaging in child pornography or sexual exploitation, because once your child presses “send,” that image has been released into the world.
An exchange of suggestive photos between two people dating in high school may be a way to build trust, but those images may be seen by others and shared online. If this occurs, any hopes for privacy and respect for intimacy have been compromised and lost.
Anyone could find this self-portrait — a future employer, parents and teacher — ruining job and marital opportunities.
Definition of child pornography
Child pornography is an image that essentially memorializes the sexual abuse of a child younger than 18 years of age.
It is defined in US law as “an obscene visual depiction of a minor engaging in sexually explicit conduct” as well as “a visual depiction of an actual minor engaging in sexually explicit conduct.”
Federal and state laws in the United States have criminalized the production, distribution and possession of any and all pornographic images with a minor.
Many states have gone so far as to further define aspects of this crime as detailed in the federal law, such as specifying the types of sexually explicit conduct to be considered as abuse.
The case may originate in a given state but when the material crosses state lines, such as through the Internet, federal investigators step in to help.
Because of the differences in state and federal law, those accused of having, producing or distributing child pornography can face the double whammy of charges from both.
These criminal charges carry minimum mandatory prison sentences. First-time offenders, including those who are caught with this lascivious material on their computers and in their physical possession, must serve between 10 and 30 years in prison.
Selfie as child pornography
A selfie can easily enter this criminal arena based on its content and its distribution.
When a sexually explicit selfie is sent from one phone to the next or circulated online, the definition of child pornography applies. The image does not need to have the necessary details that define child pornography as long as it depicts a minor in a sexual manner.
And anyone in the broader social circle who receives this image online or through direct sharing or messaging may find themselves vulnerable to criminal charges as well.
Thus, the safest selfies to take and distribute are those without naked body parts. No harm, no foul.
Under these circumstances, the issue of consent, which differs from state to state, is irrelevant. It doesn’t matter if the youth consented to the sexually explicit selfie being taken.
The criminal law seeks to protect children from sexual exploitation and defines a minor as an individual younger than 18.
However, rapid advances in technology are causing this area of criminal law to continue to evolve.
Children as criminals
Many teenagers enjoy taking and sending selfies daily, the majority of which are harmless and innocent, but what if the selfie is sexually explicit and they share with other minors? Have they committed a crime?
In many states, the answer is yes.
The distribution of such images occurs initially during sexting when two people consensually share explicit videos, images and messages through an electronic device. A 2018 study by JAMA Pediatrics found that around 27 percent of teens said they received this type of message and 15 percent sent such a message.
Regardless of how these images are circulated, it is not considered a legal defense that the recipient of the image was a minor or that the image was shared consensually.
Federal and state laws have simply criminalized the production, distribution and possession of images with minors in sexually explicit situations. And each layer is a criminal offense with its own charges and consequences.
Depending on the teenager’s age and state, they could face a variety of outcomes, including prison time, counseling, educational reform programs, community service and rehabilitation.
Selfie in the wrong hands
As mentioned earlier, when an image or video is released online, it takes on a life of its own, leaving its owner and subject vulnerable to predatory adults.
Minors are essentially and unwittingly expanding the libraries of child pornography collectors and availability of content for distributors with their self-generated, sexually explicit images.
Some children are subjected to sextortion. In this case, a sexual predator finds the minor on social media and tricks them into sending sexually explicit images using deception and manipulation. With the images in hand, the predator threatens the child with exposure and blackmails them into sending more images.
Protecting your children — and yourself
Ensuring the safety of our children involves governmental and parental involvement because of the immense complexity of this heinous and lucrative criminal activity. Everyone can and should be involved in protecting all of our children.
Collecting faces and places
The United States created the National Child Victim Identification System, a database of images of child exploitation seized or submitted by law enforcement agencies. The faces and any identifying features of the victims and violators are extrapolated and used to find them.
The US works with the International Criminal Police Organization, known more commonly as Interpol. This organization has its International Child Sexual Exploitation database, which operates in a similar manner as the NCVIS with the added feature of ascertaining locations.
Cleaning out your cloud storage
Oftentimes, children store their sexually explicit images in the cloud, a move that could make them subject to a criminal investigation after they turn 18 and are no longer a minor. These images should be deleted as soon as possible.
If your child’s mobile device is synced with your cloud storage, you as an adult may be found to possess child pornography. Again, delete, delete, delete.
Hiding in the vault
Many people use “vault” apps, also known as “ghost” apps or “calculator” apps, to store and manage their private information.
However, these apps, many of which are disguised as calculators or puzzles, may not be as secure or impervious as the users believe. And if sexually explicit images of minors are found there, charges will follow.
Just good ideas
Following are some other ways that we as parents can stay informed and help others:
Visit the National Sex Registry website and discover who your neighbors are. Each offender profile includes their most recent address, photographs and the charges they were convicted of.
Each state has a law regarding child pornography or sexual exploitation. Find out where your state stands on this crime. https://statelaws.findlaw.com/criminal-laws/child-pornography.html
And if you have been a victim of child sexual exploitation or know of someone who has been, contact the Child Pornography Victim Assistance program.
Talk to your kids
Our children are still growing up as they advance through their high school years.
They need our love, support and attention even if they don’t appear to want it.
During these tender years, they are dating and learning about themselves and other people.
Now more than ever, we can help them by teaching them that healthy relationships are based on mutual respect and they should not feel pressured or harassed into sending images that make them feel uncomfortable and unsafe.
The consequences are real and their futures are at stake.
It’s as simple as that.
On Thursdays, I share a blog about a day in the actual life of a single parent. Every fourth Thursday, instead of a personal post, I put together one where I assemble news on and about single parents nationally and globally.
I would love to hear from you! Feel free to send any comments and questions to me at singleparentandstrong@gmail.com. I am also on Twitter @parentsonurown and can be found by searching #singleparentandstrong.