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From infraction to felony: Legal implications of teenage misbehavior online

Jana Rooheart (The Jakarta Post)
Kansas City
Wed, November 9, 2016

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From infraction to felony: Legal implications of teenage misbehavior online Teenagers are not always aware of the possible ramifications of the things they do, say and post online. (Shutterstock/File)

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eenagers are not always aware of the possible ramifications of the things they do, say and post online. Often they think it’s virtual, therefore, nothing will come from it. 

They may spread a rumor about someone as a joke, just to see the reaction of others, or to bring down someone, whom they regard as stuck-up. They might send an indiscreet photo just to boost their self-esteem, to flirt or to feel more mature, or post a shooting threat to get school canceled to have the day off.  

It is all fun and games until someone loses an eye. They do not realize how devastating the consequences may be for themselves, as well as for others.

Terrorizing

Online threats often seem an innocent joke to a teenager, but they may result in felony charges. With so many cases of shooting in schools and other public places, it is understandable that the police do not take anonymous shooting announcements lightly and neither does any school administration.

In different occasions, such threats, or vague hints, accompanied by a gun emoji, photo or video of a person brandishing a gun, were posted on social networks and resources such as Yik Yak and After School. Often the persons posting them felt safe and were not likely to be punished because of the anonymity these platforms provide. 

However, following a number of shooting threats and similar announcements, the creators of social platforms have revised their policies concerning anonymity. For example, the guidelines of the After School read as follows, “Please do not ever post a threat, even if it’s a joke. We won’t laugh about it. We will work directly with authorities to resolve legal issues, with safety as our number one priority.” 

Every action taken online is recorded and not easily erased, whatever teenagers may think. There are always some digital footprints helping the police to trace the troublemaker, so neither anonymous apps nor fake accounts will protect them if they make death threats.

(Read also: 'Disappearing' apps: Why teens cover their online tracks)

Even if not charged with terrorism, a student may face expulsion from their school or university, which will be hardly in their plans when they refresh their online status with something like, “If you enjoy being alive better not go to school tomorrow.” 

Sexting

In most countries, the laws regulating teenage sexting are vague or non-existent, however, the court proceedings do come in motion and the cases are handled under the laws at hand, which likely means charges related to producing, distributing or keeping child pornography (since the “sexting” contain images of minors involved in sexually explicit behavior).

Most people would agree that the felony charges are too harsh in such cases. After all, child pornography laws aim to protect minor from sexual exploitation by adults, and when a teenager willingly sends a nude photo on request from another teenager, it is apples and oranges with an adult filming sexual abuse of an underage child. 

However, in most countries, a sultry snap sent to a boyfriend or a girlfriend may end up in felony charges for both—the sender and the receiver (if one fails to delete it), which seems grotesque and absurd. Especially, if you think that in some countries these children must subsequently register as sex offenders for life (or sometimes, at the least 20 years). 

There are some states in the US (such as New York and Texas), which have introduced milder punishments for sexting teenagers: infraction and misdemeanor charges, community service and compulsory lectures devoted to the dangers of sexting. One way or another, teenage sexting is still illegal, and teenagers must be aware of it.

However, the most disastrous consequences of sexting follow the privacy violation. There were cases when a photo obtained during the mutual exchange of sexting, was later passed around the entire school as an act of revenge and ridicule, particularly aiming to humiliate and shame the person depicted in the photo. Some incidents tragically have ended in suicide, caused by the shaming and bullying of the depicted person.

Parents should make it clear, that no matter how much their teenager trusts their sexting partner, after the photo is sent, there is no taking it back and no further control over the situation, so it is always better to dismiss any requests of the “hot pic” even from a boyfriend or girlfriend. If they obtain a nude picture of another teenager, they should delete it to avoid possible charges of keeping child pornography on their devices.

Cyberbullying

Another very serious matter is cyberbullying, which has already gained more recognition in the province of the law than the above issue. Usually, it has been punished by a short suspension of the bully from school, which has been considered by many an inadequate measure, because the bully might see it as a holiday and, thus, the suspension would teach them nothing. 

In some states, they have begun to take cyberbullying more seriously than just a case of children’s misbehavior and now penalties include fines up to US$2,500 and sentences up to one year in jail. This may seem too harsh, but not so much when you think of possible consequences of cyberbullying for the victim: public humiliation, assault on dignity, reputational damage with all these leading to despair, social withdrawal and internalized self-hatred. There are cases where young people have taken their own lives after being relentlessly cyberbullied. 

Some people tend to underestimate the gravity of cyberbullying compared to in-person bullying that often includes physical violence. However, the fact is that attacks online can be even more damaging, because insults and slanderous remarks persist and stay there for public display, so more and more people are witnessing this emotional abuse. Moreover, the attacks are often anonymous, so the victim feels helpless, unable to stand up for him or herself, or cyberbullying is treacherously disguised to win the victim’s trust as friendship of a fake persona, so the violation of this trust undermines the basic emotional needs for safety, dependence, and self-esteem, leaving deep emotional scars.

(Read also: Teenage take on dealing with parents, generation gap)

Apart from the cyberbullies themselves, their parents, who failed to properly supervise their children’s online activity, may also be held accountable. Therefore, apart from proper upbringing, instilling respect and empathy toward others, educators and authorities advise that parents should take technical preventive measures, such as monitoring children’s online activities either by accessing their devices, requesting passwords to inspect their accounts or by using monitoring software. This goes to the parents of both bullies and victims in order to prevent nightmare scenarios.

The advent of the internet has changed our lives in a way we could not predict, but above anything, it brought more freedom. It is commonplace that with freedom comes responsibility, however, youths may not be fully aware of that. It is a duty of parents to educate their children, as well as themselves, about the possible real-life consequences of what may seem nothing more than fooling around with a smartphone.

 

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Jana Rooheart is a blogger and Internet safety specialist. She deals with different kinds of online security problems including online scams, identity theft, cyberbullying, etc. She works a cyber specialist for the Pumpic app. She also raises a daughter and that gives her the motivation to make the Internet safer for kids. You can find her on Twitter

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