In our modern world, screens have infiltrated almost every facet of our daily lives. Teens are especially susceptible to being preoccupied by screens and devices. As early as 2015, a survey published by the Pew Research Center acknowledged that 92% of teens between 13 and 17 reported going online daily, while 24% reported going online almost constantly.

The same survey reported that as teens started to incorporate smartphones into their lives, apps that allowed for texting and sharing of images became more common. Differences between socioeconomic classes contributed to different classes using different apps as defaults, but the use of texting and sharing images was a common occurrence regardless of who sent them.

And although every activity is not necessarily bad, or needing legislative definitions, one activity has gained notoriety and legislative attention for its impacts on children: sexting.

Sexting, which Colorado state law defines as “sending nude, sexual, or otherwise explicit images via cell phone, through internet messaging, or by similar means” has grown to be a major issue. According to the website https://kidshealth.org/en/parents/2011-sexting.html, children sext for several reasons: trying to fit in, trying to be cool, etc. They see celebrities sharing nude images to gain greater fame, and try to emulate their idols.

However, it’s imperative for them to realize that the images that they share online will stay in cyberspace for a very long time and can affect their futures in ways they may not understand or be aware of. In most areas, sexting among minors is considered illegal and can, in some scenarios, lead to a felony conviction that will result in the author being declared a sex offender.

Colorado House Bill 17-1302, which was passed on June 6, 2017, and was made effective January 1, 2018, was created to provide more reasonable penalties for crimes involving “sexting” activities. Before its passage, legal consequences were harsh and criminal prosecution was the standard for cases involving juveniles possessing or distributing explicit images, videos, or texts.

The Bill serves to define the term Juvenile, or who would be considered a minor; from the Colorado General Assembly website: https://leg.colorado. gov/bills/hb17-1302, “Concerning matters related to sexually explicit images of a juvenile, and, in connection therewith, requiring a post-enactment review of the implementation of this act.” This means that there would be a two-year review to assess its efficacy in addressing the issue.

The Bill also aimed to differentiate between consensual sharing of sexually explicit images between juveniles by decriminalizing the exchange, and nonconsensual, unsolicited exchanges of images which cause emotional distress for the person receiving the images, or the person whose image is shared, often without their knowledge or approval.

This was ultimately brought to light in response to a case in Canon City in 2015, where hundreds of teens were found to have explicit images of other teens on their phones. This resulted in suspensions, and football games were forfeited because some players were involved.

At the time, the General Assembly was debating whether to change the laws regarding sexting. The only legal option for anyone found with a nude image of somebody below the age of 18 was a felony conviction for child exploitation. However, lawmakers were forced to reconsider the penalties, since many of the images were shared consensually between similarly-aged individuals.

The General Assembly of the State of Colorado, House Bill 17-1302 aimed to define the term, and to give consideration for offenses that were committed by juveniles. The law recognizes criminal offenses in two ways. The first is to make it unlawful to distribute explicit images of another without permission, and the second part makes it unlawful to send explicit images of oneself to another without permission. This covers persons over the age of fourteen, and there cannot be more than a four-year difference in their ages. These are considered Class 2 misdemeanors, unless the sender’s intention is to “coerce, intimidate, threaten, or otherwise cause emotional distress to the depicted person,” in which case the offense is raised to a Class 1 misdemeanor.

In the case that an individual receives an explicit image through sexting, they can avoid legal consequences in two ways: either delete the unwanted image(s) within 72 hours, or alert law enforcement or a School Resource Officer (SRO) within 72 hours.

It is good to address sexting well before the child comes across it on their own and doesn’t know how to react. For parents there are some basic concepts they can discuss with their children regarding sexting. Parents should let their children know that the images exchanged do not disappear but are stored in cyberspace. Remind them that once the images are exchanged, it’s possible that anybody could have access to them, including parents, teachers, friends, grandparents, etc. Let children know that if they receive photos, they can always end the cycle by simply deleting them as soon as they receive them and avoid the humiliation for themselves or the sender.

Safe2Tell reminds us: Before you press send, think about:

• Your post may not remain private: messages and images always have the possibility to be passed around. • Once you send it, it will never truly go away. Even if you delete it, you have no control over who may have copied it and posted elsewhere. • A majority of teens report having sent or posted sexually suggestive or nude photos because of peer pressure. Don’t give in to the pressure to do something that makes you uncomfortable. • Try to consider the recipient’s reaction. Just because a message is meant to be fun doesn’t mean the person who gets it will see it that way. • Do you really know the person you are sending it to? Nearly one in five young people who send sexually suggestive messages and images do so to people they only know online (18% total, 15% teens, 19% young adults).

When you know someone is engaging in sexting or someone who is using illicit pictures to blackmail another person, you can always make a report to Safe2Tell™ Colorado. Call 1-877-542-7233, make a web report using the “submit a tip” button to the left, or download the Safe2Tell Colorado mobile app on the Apple Store or Google Play.