Sexting - University of Washington School of Law

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II.

Annie Hayden and Janet Gwilym

Sexting

Original

STREET LAW LESSON PLAN

YOUR NAME:

LESSON:

SOURCE:

TIME AND DAY TAUGHT: Tuesday, April 5, 2011, 12:45-1:35

I. GOALS:

Introduce the concept and dangers of sexting

Learn the elements of child pornography and bullying laws in Washington

Improve advocacy skills

OBJECTIVES:

A. Knowledge Objectives – As a result of this class, students will be better able to:

1. Understand the legal ramifications of sexting

2. Understand the elements of Washington child pornography and bullying laws

3. Understand the consequences of being labeled a “sex offender”

B. Skills Objectives - As a result of this class, students will be better able to:

1. Voice their opinions about which crimes to charge and appropriate punishments

2. Read and interpret elements of a crime

3. Advocate for their own interests

C. Attitude Objectives - As a result of this class, students will be better able to feel:

1. That certain things teenagers do, even if they may seem harmless, could get them in trouble with the law

2. Empathy with the victim in sexting cases

3. Empathy with the “offenders” in sexting cases

4. Concerned that legal consequences may not always match up with the crime committed

III. MATERIALS AND PREPARATION:

Powerpoint

Handouts with scenarios on them

IV. CLASSROOM METHODS

1. Introduction-2 minutes a.

Collect homework. b.

Tell the class that we are going to be talking about “sexting” today. Explain that although this is kind of a racy topic, we need to take it seriously for class today.

Remind them to respect each other and to express their thoughts about the subject honestly.

2.

Short lecture about sexting

a.

Ask the students how they would define sexting. b.

Read the students the definition of sexting. Explain to them that this definition seems quite limited but that it is likely to expand as technology increases. i.

Definition of sexting: The act of sending sexually explicit messages or photos electronically, primarily between mobile phones.

3.

Lecture about the dangers of sexting a.

Ask the students if they can think of anything could go wrong from sending nude photos to someone else. i.

They could be forwarded to people the sender didn’t know would see them ii.

Parents and teachers could see them iii.

Embarrassment iv.

Friendships could be ruined v.

Emotional difficulty once other people see your nude photos b.

Show clip about the dangers of sexting. This clip includes the story of the teenage girl who killed herself after her nude photo was forwarded around school. It also includes a boy who was convicted of distributing child pornography when he e-mailed his girlfriend’s nude photo, and it discusses all the hardships he has encountered with having to register as a sex offender. (show from beginning until 3:08) http://www.youtube.com/watch?v=Yx1MEKkGkK8&feature=related c.

Ask class to recap some of the consequences of being convicted of distributing child pornography, especially with being labeled as a sex offender i.

Hard to find a place to live that is not close to a school or other prohibited place ii.

May have to leave the home if a sibling is a minor iii.

Social stigma- people assume sex offenders are rapists, pedophiles, etc iv.

Hard to find work v.

Have to take classes, continue to register, constantly monitored d.

Ask the class if the punishment the boy in the video received fit his crime.

4.

Lecture about child pornography and bullying laws a.

Ask the students if they think distributing nude photos of a classmate should be considered a sex offense or if it should maybe fit under the anti-bullying law. b.

Discuss the elements of child porn distribution- RCW 9.68A.050 (Dealing in depictions of minor engaged in sexually explicitly conduct i.

RCW 9.68A.050- Dealing in depictions of minor engaged in sexually explicit conduct.

A person commits the crime of dealing in depictions of a minor engaged in sexually explicit conduct in the second degree when he or

she:

(i) Knowingly develops, duplicates, publishes, prints, disseminates, exchanges, finances, attempts to finance, or sells any visual or printed matter that depicts a minor engaged in an act of sexually explicit conduct

(ii) Possesses with intent to develop, duplicate, publish, print, disseminate, exchange, or sell any visual or printed matter that depicts a minor engaged in an act of sexually explicit conduct c.

Discuss the elements of bullying-RCW 28A.300.285 -explain that under this law, schools are required to implement their own bullying policies by August,

2011. The school districts may adopt the model policy or adapt it.

RCW 28A.300.285- Harassment, intimidation, and bullying prevention policies and procedures

"Harassment, intimidation, or bullying" means any intentional electronic, written, verbal, or physical act…when the intentional electronic, written, verbal, or physical act:

(a) Physically harms a student or damages the student's property; or

(b) Has the effect of substantially interfering with a student's education; or

(c) Is so severe, persistent, or pervasive that it creates an intimidating or threatening educational environment; or

(d) Has the effect of substantially disrupting the orderly operation of the school. d.

Do students or teacher know what their school’s bullying policy is?

5.

Class Activity a.

Split the class into small groups. Explain to them that they will be receiving a piece of paper with a story on it (there are two stories, divide between the groups). Tell them they will first read the paper carefully to themselves. Tell them that after that, they will talk with the other group members about the answers to the questions following the scenario. While they are reading, display the possible punishments the people in the scenarios could receive. b.

Reconvene the class. Read the scenario from the first group aloud to the class. Have 1 person from the group play the role of Margarite, 1 person play the prosecutor, and the others will be people who sent out her picture. Have her tell the other group members how she is feeling about it. Have 1 person play the prosecutor and tell the offenders what they will be charged with and what their punishment will be. The offenders will then tell their side of the story and advocate for what their punishment should be. When they are finished, the members of the other group will say what they think Margarite and the others should be charged with.

c.

Tell the students the actual result of the case. i.

Result: Margarite was not charged with anything. Prosecutors thought of her a victim and assumed she had already learned her lesson. Meghan and Isaiah were initially charged with disseminating child pornography, a class C felony, but the kids took a deal and were convicted of telephone harassment, a gross misdemeanor. They will have to create public service material about the hazards of sexting, attend a session with Margarite to talk about what happened and otherwise have no contact with her. d.

Move on to the second group. Read the scenario aloud. Have 2 people play the role of the girls who sent the photos and 2 people play the boys who received them. The other person will play the role of the prosecutor. Let the boys and girls tell their side of the story. Then the prosecutor will give his or her opinion and tell the kids what they are charged with and the punishment they will receive. When they are finished, ask the other students what they think should happen in this scenario. e.

Tell the students the actual result of the case. i.

Result: The girls were charged with disseminating child pornography and the boys were charged with possession of child pornography. The case is still open so no punishment has yet been decided.

f. Explain Assignment

V. EVALUATION

a. Student responses to class activity

b. Homework from the previous class

VI. ASSIGNMENT

Find a news story about a teenager that has gotten in trouble for sexting. Write a short summary of what happened, what the charges were, and the result of the case (if it has been resolved). Then, write their response to the case as a whole.

VII. TEACHER FOLLOW-UP a.

Check homework from last class and make comments on papers b.

E-mail assignment to students and teacher c.

Record on chart who has been doing their homework

Scenario 1:

Margarite and Isaiah, both 14 years old and in 8 th grade, dated for a couple months. While they were dating, Margarite took a picture of herself on her cell phone, standing nude in front of her bathroom mirror. She “sexted” this photo to Isaiah. Soon after, they broke up. Isaiah forwarded this picture to Meghan, a classmate who used to be friends with Margarite. Meghan forwarded the picture to all of her contacts on her phone with a text message that read, “Ho alert! If you think this girl is a whore, then text this to all your friends”.

That night, Margarite started receiving text messages from concerned friends and from boys making rude sexual comments.

What should Isaiah and Meghan be charged with? What about Margarite? What is a fair punishment?

Scenario 2:

Three 15 year old girls sent nude photos of themselves over cell phone to three 17-year old boys in their school. When one of the male students was using his cell phone in school, against school rules, school officials seized his phone and found the photos.

What should these teens be charged with?

What is a fair punishment?

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