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For example, Vermont recently enacted a law making a teenager's first "sexting" offense a juvenile court matter, giving the teen the opportunity to be sent to a diversionary program rather than be charged as an adult and branded a sex offender.
which would transform most sexting between teens from a felony to a noncrime by treating the teen in question as a nondelinquent minor in need of supervision under the Juvenile Court Act.
For attorneys who counsel educational institutions, it is only a matter of time before they must grapple with sexting-related issues.
Beyond registering and reporting as sex offenders, students convicted of child pornography may also be bound by other restrictions that can significantly complicate their lives. Bland, , Arizona Republic (Aug 27, 2009) (cited in note 6) ("Lawmakers in Vermont, Utah and Ohio are making sexting a misdemeanor instead of a felony when the cases involve teenagers, and as long as the sender voluntarily transmitted the image."). Act of May 9, 2009, 2009 Vt Laws 58§ 4, to be codified at 13 VSA§ 2802b, online at Another slightly more punitive sexting bill, HB 5164, was still alive at presstime. Telephone conversation with Dave Haslett, Chief of the Illinois Attorney General’s High Tech Crimes Bureau (Sep 28, 2009). See Bassett, , The Telegraph (Jun 27, 2009) (cited in note 5) (Explaining that school districts are reviewing and amending policy to account for recent sexting behavior). Telephone conversation with Daniel Spillman, attorney for the Illinois Attorney General High Tech Crimes Bureau (May 13, 2009).
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Sexting is a recent phenomenon, fueled by widespread availability of affordable mobile phones with picture-taking and sending capabilities.
Although just over two-thirds of those teens meant those images for their boyfriend or girlfriend, 25 percent of teen girls and 33 percent of teen boys admit they have had sext messages meant for someone else shared with them.