While it may not be news that everything you put on the Internet stays on the Internet, every day people continue to post inappropriate pictures on Facebook, take inappropriate pictures with their cell phones, and write inappropriate messages directed at others. It is important to remember that there is no removing of pictures, or deleting of Facebook posts. There is an infinite “electronic trail” of all of your movements, all of your pictures, for all time. While this loss of privacy in the digital age is alarming and was inconceivable just a few decades ago, we here at LauraLaw want to remind you that YOU are in control of the shape and appearance of your technological footprint!
The social media/technological footprint topic came to mind this past week because of an increasingly disturbing sexting case at a local Chicagoland high school. Three freshman boys at Warren Township were arrested this week and accused of cyberbullying and distribution of child pornography for forwarding a sext throughout the high school. Yes, that’s right distribution of child pornography: a felony charge. ABC 7 News reported that if “you are a 17-year old girl and snap a picture of yourself in a suggestive nude pose and you send it to your boyfriend, you are committing multiple offenses.” Creating, distributing, and possessing child pornography are all felony offenses.
Police encourage students who receive a sext to report it to their parents, bring it to the attention of school officials, or talk to the police. Commander Meyer of the Gurnee Police Department advises that law enforcement should get involved right away.
Under Illinois child pornography law, each picture constitutes a separate violation. If the violation involves a film or videotape, it is a Class X felony with a mandatory minimum fine of $2,000 and a maximum fine of $100,000.
We encourage you to take advantage of technological innovation, but we also remind you that you have a digital footprint. Whether you are a child in Kindergarten, a 7th grade student in middle school, a high school student applying to college, a college kid (or even a law student!), a parent, or a grandparent, remember that what you do on the Internet will follow you. So keep this in mind when posting photos on Facebook. Employers will look at your Facebook profile, rental agents might too (not to mention your mom, dad, and grandma!). If you want to take fun party-animal style pictures, fine! But do it the old fashion way, with film and make a scrapbook!
If you have a question about this case or any other criminal defense matter, give LauraLaw a call. Have a great weekend, stay safe and warm, but don’t sext!
