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Date Posted:02/27/2016 12:28:39Copy HTML

I just read where New Mexico (of all places!) has legalized 14-18 year olds being able to sext (sending nude pictures of each other via cell phones) each other.  In many places, this is considered illegal and could result in a child pornography charge, and associated mark on their record if the judge decides to treat them as an adult at trial.

This post is sort of two-things about the practice.  First, if photos of children are exchanged where the children are wearing locally illegal swimwear, or where a girl is topfree when topfreedom is not legal, would this be prosecutable?  For example, thong swimwear and women being topfree is technically illegal most public places in Indiana.  If a girl were to send her boyfriend a picture of herself, obviously in an Indiana public place while wearing a thong and going topfree would this carry the same penalty as if she did the same thing when nude?  What if the same thing happens and the girl is on Miami Beach and sends the pictures to her friend in Indianapolis.  Would receiving these pictures be unacceptable?  You can't really stop someone from sending you photos, you can only erase them.  Could someone inundate your phone with these "child porn" pictures, then have you arrested?

The second part of this question should be easier to answer.  Is there anything morally wrong with children in the 14-18 year old age group taking thonging (or topfree) pictures and sending them to their friends, as long as the swimwear keeps their "goodies" covered?

My parents have told me this is nothing new.  In the "old days" most schools offered photography classes and part of the curriculum was learning to develop and print pictures using cameras that had film.  My dad took Photography and my Mom was in the "Camera Club" which was an after-school photo thing.  These were in European high schools and they both said that either "most" or "practically all" of the students took nude photos of other youth or themselves, which they developed, printed, and distributed without incident.  One student about 15 took pictures of his brother who was about 17 making love to his girlfriend.  The brother and his girlfriend let him take pictures since they wanted to "save" the memory of their relationship, and were fully aware since the photographer used lighting and posed them for the best shots.   The high school photographers who took nude pictures distributed the pictures amoung themselves but did not post them in their portfolios or show them to their parents -- at least while they still were in high school.  This seems like the same thing Sexting kids are doing now -- except with the touch of a button, the pictures can go viral.

Matt37 #1

Re:Thong Texting -- Should Kids do It?

Date Posted:02/28/2016 03:20:24Copy HTML

"I just read where New Mexico (of all places!) has legalized 14-18 year olds being able to sext (sending nude pictures of each other via cell phones) each other."

That's a bit of a misnomer. The new law there makes it legal under STATE law, which means that local prosecutors have the option of not charging them. However, under federal law, the exchange of a photos of an underage person remains illegal, so local, state, or federal prosecutors could still charge them with a violation of the federal statute.
ithongit #2

Re:Thong Texting -- Should Kids do It?

Date Posted:02/29/2016 04:22:19Copy HTML

 Thank you for the clarification, Matt.  However, I think a big part of Mary's post deals with the question of indecent exposure and at what points photos are indecent.

Indecency laws, from what I understand, vary from state to state and even within a state.  Her question would apply to adult photos too, I suggest.  If you take a picture of someone in a thong that was taken in a place where thongs are illegal, (or the same for topfree women) would this be a violation because you are sending photos that were indecent at the point where they were taken, or does the rules at the receiving end dictate what is okay.  What if you take the picture which is indecent where taken, go to another state where the practice is legal, to send it.  Would that be illegal?  It also points out since sending pictures is something that the sender initiates, can the person who receives the images get into trouble?  There are a few exceptions, like children's porn that should in my opinion be prosecuted for the person who send them and perhaps also the one receiving if there are an abundance of undeleted images, but should we be worried if we have images which some would call inappropriate on our phones and who's laws would apply?

I would suspect that the place where the picture was taken would find the photo interesting as evidence, but don't know if a prosecution could happen unless there were police present or at least third-party witnesses.  I seriously doubt if as stated in her example Indiana could come after someone after somebody finds a picture of a topless and thong clad women in an Indiana park, even though the people were obviously in violation of the laws when the picture was taken.  I seriously doubt if most jurisdictions would prosecute a person for "porn" if they simply had pictures of adults in thongs or going topfree on their cell phones, even if thongs and topfreedom are illegal where the person is at.  If this was the case, having a Penthouse or even a Sports Illustrated Swimsuit magazine in your possession could get you arrested.  I also suspect that the place where the image is actually sent from probably would have little effect on the ability to prosecute.


Seam_Stress #3

Re:Thong Texting -- Should Kids do It?

Date Posted:02/29/2016 04:33:07Copy HTML

This issue treads a very fine line about educating without edicts.
If people try to stop it, kids can get the wrong impression and see this as body shaming.  Kids will end up MORE curious and might start doing things that put them at greater risk.  If people don't try to stop it, there could be another Rehtaeh Parsons.
I don't have answers or ideas, but this  needs to be talked about.

Matt37 #4

Re:Thong Texting -- Should Kids do It?

Date Posted:03/02/2016 02:12:55Copy HTML

"However, I think a big part of Mary's post deals with the question of indecent exposure and at what points photos are indecent."

I wasn't addressing the totality (or any "big part") of her post, but rather her assertion that state legislators made it "legal" for it to happen. She made it sound as if they could do it without any repercussions, and that is not true if a prosecutor wanted to charge someone or make a point.
LoveMyThongs #5

Re:Thong Texting -- Should Kids do It?

Date Posted:08/19/2018 04:50:20Copy HTML

Both my kids are on social media and post pics. My daughter will send them to her friends and my son to his gf. As stated my son has a massive bulge and loves to show it off and tease his girl. That being said, I’ve told them that if that falls in the wrong hands it’s won’t be good. We remind them to be smart and careful who they send it to
Martylouie #6

Re:Thong Texting -- Should Kids do It?

Date Posted:08/19/2018 01:53:43Copy HTML

Just have your son google Anthony Weiner and read up on his story and see where texting led.
JM_Runs #7

Re:Thong Texting -- Should Kids do It?

Date Posted:08/19/2018 05:25:59Copy HTML

Confusing nudity with sexual activity causes many social problems and results in bad laws.
Laws that then reinforce the negative association between nudity and being wrong or criminal.

Being nude in priviate not be a crime. Wearing a thong in public should not be a crime.
Taking pictures of a legal activity should not be a crime. 
Sharing pictures of a legal activy should not be a crime.

With the execption of using pictures of any sort to bully, extort or embarris the person. In which case there should be some consiqunces, but probalby not felonious. 

Making pictures of young nudists criminal leads us to tell young people "You can be nude but just don't tell, don't post a picture, don't document it."
This leads to a culture of secrates and sneeking around. 

As we see with the current scandles coming out of the Cathlic church, hiding activity provides furtile ground for abuse.
If pictures had been shared with other kids, posted on social media, and seen by parents, improper activity would have been quickly curtaled. 

There is something to be said for encouraging teens to be very open and confident, and fully document their lives. 
Good, bad or ugly, it often helps to share everything. 

We see movies being premoted with pictures or video of the 'good guys' shooting people,
even though shotting people is generally a crime, but sharing the picture or movie tailer is not.

Pictures of a legal actity, when not used to bully, harm, extort or ridicule, should be legal.

Trying to control adult preditors by regulating what kids can photograph and share, is like trying to control rapists by regulating the length of women's skirts. 

sailor250 #8

Re:Thong Texting -- Should Kids do It?

Date Posted:08/19/2018 10:18:31Copy HTML

There are two or more things being mixed together here! Some swimsuit pics, some "belfies" and some "bulgies" are very different. Swimsuit pics with incidental thong shots- that's somewhat innocent! Belfies may not be a problem with most people, bulgies especially aroused! can get some people in trouble if there is implied lewdness--- and underage participants!! I once had women I didn't know start taking close ups of my micro g string pouch dripping wet and then they texted them to friends back home. The next day they said some of their female friends went missing from their desks at work because of "me". Well that was adults not kids.
tobias5711 #9

Re:Thong Texting -- Should Kids do It?

Date Posted:08/19/2018 10:34:01Copy HTML

JM - well said
Please cutback on starting new threads and try to post messages as a reply to existing threads.
If you want to cut and paste from your word processor do not do it directly.
First paste it into notepad or other basic ascii editor so that the formatting codes are removed, then cut again. This will give you clean posts.
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