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Law
Enforcement Update
Sexting Bill Introduced To Texas Lawmakers
As more and more young Texans acquired mobile
phones of their own, a troubling new practice developed:
sexting. This occurs when teenagers send sexually explicit
images of themselves to one another via text message. Until
recently, Texas law has not caught up to this new
phenomenon, but state Sen. Kirk Watson and I have teamed up
to propose a common-sense solution that discourages young
Texans from sexting – but ensures that a youthful mistake
doesn’t have lifelong consequences.
Current Texas law does not have an appropriate remedy to
address teen sexting. Right now, educators, parents and law
enforcement officers who encounter teens’ explicit text
messages really only have two options. Adults can either
ignore teen sexting or have kids charged with violating the
state’s strict child pornography statute – which applies
because explicit images of minors constitute child
pornography, even if they are sent by a minor. Because child
pornography possession and distribution is a felony,
convicted youths face prison time and lifetime registration
as a sex offender.
Sen. Watson and I recognized that law enforcement, parents
and educators needed an alternative remedy that would
discourage children from sexting but not ruin their young
lives. We also knew that sexting typically involves willing
parties – teenagers giving in to their adolescent impulses,
with no understanding of their actions’ long-term
consequences.
Under Senate Bill 407, which Sen. Watson filed last month,
the goal is to educate, not criminalize, teenage sexters. If
enacted, SB 407 would protect kids from themselves – from an
instance of bad judgment that could haunt them for life. The
bill would also ensure that minors are held responsible for
their improper behavior but do not face life-altering
criminal charges.
Under the bill, first-time violators under the age of 18
would face a Class C misdemeanor for sexting. Prosecutors
could upgrade the offense to a Class A or B misdemeanor for
teens with multiple sexting convictions. Judges would be
authorized to sentence minors convicted of sexting to an
education program – rather than prison. This educational
alternative would teach young offenders about sexting’s
long-term harmful consequences. SB 407 also establishes a
safe harbor that allows recipients of sexting messages to
avoid prosecution if they report the images to authorities
within 48 hours.
In addition to substituting incarceration with education, SB
407 would also allow teens to expunge a sexting offense from
their criminal records. As a result, young offenders will be
allowed to apply for college and move forward with their
lives without the stigma of a criminal conviction.
Sen. Watson’s bill also aims to educate young Texans about
sexting’s serious and harmful consequences. SB 407 requires
the Texas School Safety Center, in consultation with the
Attorney General’s Office, to create a sexting educational
program by Jan. 1, 2012. The Center must make the program
available to all school districts, which would be authorized
to offer the program to students each year.
SB 407 proposes a modern, common-sense solution to a
uniquely 21st century problem. This bill ensures that law
enforcement and judges can prevent sexting among teenagers.
Texas children need to understand that sexting is not
acceptable – or legal. Trading sexually explicit images by
mobile phone can forever affect their lives.
Sen. Watson and I worked hard to craft a solution to sexting
that holds young offenders accountable – but leaves room for
them to correct their mistakes and still have a chance for a
bright future.
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CONSUMER ALERT
Scan Artists Posing As Federal Trade Commission
Officials Targeting Texans In Sweepstakes Scam
AUSTIN – Texans should be aware
of a new telemarketing sweepstakes scam that is
targeting Texas families. According to recent
reports, scam artists are posing as Federal
Trade Commission (FTC) employees in order to
lead credence to the scam and tell Texans they
have won hundreds of thousands of dollars in
sweepstakes prizes. To receive the prize, call
recipients are told they must pay several
thousand dollars for insurance before they can
receive a certified check for the prize.
The scammers make the initial contact by
telephone and follow up with a letter featuring
a fraudulent FTC logo that provides recipients
with instructions for claiming their prize. The
letter attempts to convince recipients that the
FTC is contacting them because a sweepstakes
company holding their prize was unable to locate
them. In an effort to deceive letter recipients
into believing the letters were legitimately
sent by a federal agency, it lists a Washington,
D.C. area phone number for customers to call.
Calls to that phone number are re-directed to an
unknown area, where the person on the other end
of the phone then demands payment from the
callers for insurance to receive their prize. In
scams of this sort, the scammers’ goal is to get
the callers’ “insurance” money.
The FTC never collects money from consumers and
its employees have no involvement with
delivering sweepstakes prizes. Additionally,
Texans should be aware that they do not need to
buy anything in order to enter a sweepstakes. In
fact, it is illegal for companies holding
sweepstakes to charge fees.
Texans who receive a call from someone claiming
to be a representative of the Federal Trade
Commission or any other government organization
purportedly trying to deliver sweepstakes
winnings should contact the Texas Attorney
General’s Office at (800) 252-8011 or the
Federal Trade Commission at (877) FTC-HELP.
Greg Abbott
Attorney General of Texas |
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