Sexting 1. Per F.S.S. is defined as: A MINOR commits the offense of sexting if he or she knowingly: Uses a computer, or any other device capable of electronic data transmission or distribution, to transmit or distribute to another minor any photograph or video of any person which depicts nudity, as defined in s. 847.001 (9), and is harmful to minors, as defined in s. 847.001 (6). Possesses a photograph or video of any person that was transmitted or distributed by another minor which depicts nudity and is harmful to minors. Child Pornography Per F.S.S. is defined as: Any image depicting a minor engaged in sexual conduct…. F.S.S. Defines “Harmful to minors” as: 1) 2) 3) Any reproduction, imitation, characterization, description, exhibition, presentation, or representation, of whatever kind of form, depicting nudity, sexual conduct, or sexual excitement when it: Predominantly appeals to a prurient, shameful, or morbid interest; Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material or conduct for minors; and Taken as a whole, is without serious literary, artistic, political, or scientific value for minors. F.S.S. Defines “Nudity” as : Means the showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering; or the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple; or the depiction or covered male genitals in a discernibly turgid state. Per F.S.S. “Sexual Conduct” is defined as: Actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, or sadomasochistic abuse; actual lewd exhibition of the genitals; actual physical contact with a person’s clothed or unclothed genital’s, pubic area, buttocks, or, if such person is a female, breast with the intent to arouse or gratify the sexual desire of either party; or any act or conduct which constitutes sexual battery or simulates that sexual battery is being or will be committed. Not all nude images of a child are considered child pornography. 1. Example: Pictures of Toddlers or Small children running in a home nude 2. Example: Child in bathtub nude (to an extent) 3. These images could be known as child erotica but still not pornography or illegal. What would constitute child pornography would be a child with erect penis, touching of genitals, main focus of image is child genitals, or females legs open making genitals main focus of image. Sexting 1st offense: Noncriminal violation punishable by 8 hours community service or $60 fine. 2nd offense: Misd. 1st degree. 3rd offense: Felony 3rd degree. Child Pornography Felony 3rd degree Shame Bullying Depression Community Social Status Family Status Worst of All... Suicide College Admissions Military Enlistment Employment A 2010 survey conducted and documented through the U.S. Department of Education stated: 4,400 Middle School and High School students indicated that 8 percent (352 students) had sent naked or seminude images of themselves to others, and 13 percent (572 students) reported receiving such pictures from classmates. That’s only the number of youths willing to report truthfully!!!!!!!!! Location for PDF report of U.S. Department of Education Survey: CHECK THE FOLLOWING GENERAL ORDER’S INVOLVING JUVENILES AS A GUIDE
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