Friday, January 23, 2015

Lawyer's response to parent's sexting question:

(Parent's sexting question at bottom)

 
Thanks for your involvement with this issue. It is certainly an important one in schools these days. There are many laws which can pertain to these issues, but a good deal of information is needed to determine which, if any, laws fit the specific situation, since the facts of every single case are different. Some of the laws requires one or both of the parties to be either over or under a specific age, so without that information, I cannot speak specifically to which particular laws in question might have been broken. I have visited many middle schools to educate the kids about making good choices with respect to social media, as well as giving an overview of sexting and some of the laws that can be broken. I have spoken with large groups of girls, and my male co-worker spoke with the boys. The kids were incredibly responsive to us, and it was nice to be able to answer questions for them and help them to be more empowered to take care of themselves.
 

One thing that we stressed in talking to the students was to make use of the School Resource Officers (SROs). They are a mainstay in every middle school and they are there to help. They can investigate specific situations since they are there at the schools and interacting with the children. I would encourage any parent who has questions or is worried about an incident like this one at school to give the SRO a call and go see them to discuss what is going on. Children, too, should be encouraged to talk to the SRO at their school in the event that they are worried about someone. If the SRO investigates and determines a crime has been committed, then they will bring that to the District Attorney’s Office.

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My daughter was was at middle school yesterday when she befriended a girl who was crying in the bathroom. The girl confided in my daughter that there are rumors going around the school that she sent naked pictures to an older grade level boy by text. The girl said she didn't send naked pictures but the older boy had texted her asking her to send naked pictures. My daughter is in shock personally (we have warned her about sexting) yet to hear about it first hand and so close to home has been troubling for her. My daughter is also concerned for the girl's emotional state. My daughter spoke to the 6th grade principal alerting him that she was concerned for this girl yet not giving him any specific information because the girl asked her to not say anything.

My question (assuming the girl is telling the truth and she did not send pictures): is this boy breaking any state or local laws by trying to elicit naked pictures over the phone? If so, which laws?


If the girl did not tell the truth and did send naked pictures by phone what / laws is she breaking?

Do the rumors like these in schools create a negative school environment? Is spreading rumors like this breaking any laws? What policy's/ practices are in place or can be put in place to protect students from this behavior and to know what to do if solicited?
Does our committee or NC department of public safety have any fact sheets to support parents/ students to to know what to do in situations like this? Informational guidelines/ suggestions for parents/ students would be helpful on how to handle a situation like this. Many of you may know me from the quarterly meetings as the parent advocate who speaks up at the local /state level to keep our schools safe. I have also been advocating for NC to create cyber bullying laws which includes allowing off campus cyber bullying that creates a negative school environment to be information a principal can use to ensure school safety and a positive school environment. I would appreciate comments/ suggestions.

Thank you,