I'd like to learn more about this program.
http://www.decaturdaily.com/news/morgan_county/hartselle/decatur-attorney-teaches-teens-about-juvenile-laws-and-their-consequences/article_e8b3e5d0-97dc-5db3-b1dc-2426beeae3b5.html
Decatur attorney teaches teens about juvenile laws and their consequences
By Keith Clines Staff Writer
If you're interested
Patrick Caver said he would like to take his presentation about state law to schools, churches, civic groups and other interested parties. He can be reached at 256-751-5991 or patrickcaveresq@hotmail.com
Until recently, The Beacon House female juvenile group home in Jasper was having problems with some of the girls using cellphones to send nude photos of themselves and photos of themselves having sex to people outside the facility.
Joann Pickett, the home’s assistant director, said those practices may have stopped after Decatur attorney Patrick Caver spoke to the girls about state laws governing sending and receiving such photos and about how those photos could spread across the internet.
“They actually responded very well,” Pickett said last week. “The subject of cellphones comes up every day.”
Caver, who represents juveniles in Morgan County District Court, said he goes to classrooms and group homes to talk to youngsters about the legal aspects of some of the things that teens might be tempted to do.
“They teach the biology of sex,” Caver said of schools. “And they teach not to have sex. But they don’t teach what the law says about sex.”
Caver has spoken to Hartselle Junior High School civics teacher Dana Sharp’s seventh-grade classes for the past eight years about the state’s juvenile laws.
Caver uses humor to build a rapport with the students before transitioning into heavier matters such as juvenile drug and sex laws, Sharp said.
“I really don’t think that they think a lot about the consequences of these things,” she said. “I think it’s a real eye-opener for them.”
Sharp said she would like Caver to give the same presentation at a teacher workshop to help teachers recognize signs of improper behavior by students.
Caver said advancing technology has provided teenagers more avenues to get in trouble with the law. Their parents, he said, are not keeping up with the technology that their children have at their disposal and the dangers that accompany new technology.
Caver said he has found that teens sending nude photos of themselves by cellphone or receiving nude photos of someone by cellphone is a common practice. Sending, receiving or possessing those photos is a Class A felony, he said.
“That’s the same as shooting somebody,” he said.
Other aspects of juvenile sex laws that Caver said teens and some of their parents don’t understand are that a 17-year-old who has sex with a 15-year-old can be charged with second-degree rape, and that a 16-year-old who has oral sex with a 15-year-old can be charged with sodomy. Both charges are a Class B felony.
The age of consent in Alabama is 16.
“I don’t think parents know what sodomy is,” he said. “I think it’s probably the parents who don’t know the laws.”
Possibly the most critical aspect of a youth convicted of a sex crime is that person will be a registered sex offender the remainder of his or her life.
“Having to register as a sex offender affects your entire life — where you live, what you have to do, what you can’t do, where you can’t go and who you have to stay away from,” Caver said.
Pickett said counselors at The Beacon House, which is a transitional home for girls ages 12 to 18, also benefited from Caver’s presentation to the girls.
“There were several things that we didn’t know,” she said. “We had spoken to them in broad terms about these things, but Patrick was more definitive.”
Registered Former Offenders Restoration Movement (ReFORM), restoring hope, rehabilitation, and reintegration to Alabama's registered citizens
Showing posts with label sexting. Show all posts
Showing posts with label sexting. Show all posts
Sunday, July 17, 2016
Sunday, March 13, 2016
Petition: STOP CRIMINALIZING YOUNG PEOPLE WHO ENGAGE IN CONSENSUAL SEX OR SEXTING
As mentioned recently on this blog, Alabama is pushing a bill that would exclude teen sexting from the growing list of registerable offenses. However, it does not go far enough. So Lenore Skenazy of the "Free Range Kids" website (a good website that is among the growing skeptics of the sex offender registry) has created an online petition to compel the state legislature to change the laws to stop criminalizing teens for engaging in behavior best addressed by parents, not police. Take a few moments to sign this petition today. Click the link below to access it.
https://www.change.org/p/alabama-state-house-stop-criminalizing-young-people-who-engage-in-consensual-sex-or-sexting
STOP CRIMINALIZING YOUNG PEOPLE WHO ENGAGE IN CONSENSUAL SEX OR SEXTING
According to the U.S. Department of Justice, 14 is the most common age of sex offenders.
That stat shocks most people, but it shouldn't. Young people have sex with other young people. That can be against the law in America, even when it is consensual.
This has led to over 200,000 minors being placed on the Sex Offender Registry. Once on it, their lives become a nightmare. They can't live near a school, find work, or even go online. Often they face death threats.
Criminalizing consensual sex or sexting is not making our children any safer. In fact, our kids have a better chance of ending up ON the registry than of being harmed BY someone on it.
For these reasons, we urge you to decriminalize consensual sex or sexting between young people past puberty.
Tuesday, February 23, 2016
2016 SB 179 -- If passed, would exclude teen sexting from registerable offenses.
This seems to be a good bill for juveniles since it would exempt teens for sexting-related issues. Not perfect, but at least it will add Alabama to the list of states that are excluding teen sexting from the public registry. I think the sentences should be lower, quite frankly.
_______________________________________________________________________
SB179
By Senator Ward
RFD Judiciary
Rd 1 09-FEB-16
SYNOPSIS: Under existing law, it is a crime to disseminate, publicly display, possess, or possess with the intent to disseminate obscene materials containing visual depictions of persons under 17 years of age.
This bill would further clarify the definition of disseminate by removing the requirement of monetary consideration and would include in the definition sharing or trading such visual depictions.
This bill would include under the crime of possession of obscene materials containing visual depictions of persons under 17 years of age a visual depiction of breast nudity.
This bill would distinguish between adult and juvenile offenders for the offense of dissemination of obscene materials containing visual depictions of persons under 17 years of age and would provide different penalties for each.
This bill would exempt offenders under 19 years of age convicted of disseminating or publicly displaying obscene materials containing visual depictions of persons under 17 years of age from the requirements of the Alabama Sex Offender Registration and Community Notification Act on the first or second offense.
Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose.
The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment.
A BILL
TO BE ENTITLED
AN ACT
To amend Sections 13A-12-190, 13A-12-191, and 13A-12-192 of the Code of Alabama 1975, relating to disseminating, publicly displaying, possessing, or possessing with the intent to disseminate obscene materials containing visual depictions of persons under 17 years of age; to further define terms; to include under the crime of possession a visual depiction of breast nudity; to distinguish between adult and juvenile offenders for the crime of dissemination and to provide different penalties; to exempt offenders under 19 years of age convicted of disseminating or publicly displaying obscene materials from the requirements of the Alabama Sex Offender Registration and Community Notification Act on the first or second offense; and in connection therewith to have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Sections 13A-12-190, 13A-12-191, and 13A-12-192 of the Code of Alabama 1975, are amended to read as follows:
§13A-12-190.
"For the purposes of this division, the following terms shall have the meanings respectively ascribed to them by this section:
"(1) DISSEMINATE. To sell, lendor show for monetary consideration, show, share, or trade or to offer or agree to do the same.
"(2) DISPLAY PUBLICLY. The exposing, placing, posting, exhibiting or in any fashion displaying in any location, whether public or private, an item in such a manner that it may be readily seen and its content or character distinguished by normal unaided vision viewing it from a public thoroughfare, depot or vehicle.
"(3) PUBLIC THOROUGHFARE, DEPOT or VEHICLE. Any street, highway, park, depot or transportation platform or other place, whether indoors or out, or any vehicle for public transportation, owned or operated by government, either directly or through a public corporation or authority, or owned or operated by any agency of public transportation that is designed for the use, enjoyment or transportation of the general public.
"(4) KNOWINGLY. A person knowingly disseminates or publicly displays obscene matter when the person knows the nature of the matter. A person knows the nature of the matter when either of the following circumstances exist:
"a. The person is aware of the character and content of the matter; or
"b. The person recklessly disregards circumstances suggesting the character and content of the matter.
"(5) SADO-MASOCHISTIC ABUSE. Such term means either of the following:
"a. Flagellation or torture, for the purpose of sexual stimulation, by or upon a person who is nude or clad in undergarments or in a revealing or bizarre costume; or
"b. The condition of a person who is nude or clad in undergarments or in a revealing or bizarre costume being fettered, bound or otherwise physically restrained for the purpose of sexual stimulation.
"(6) SEXUAL EXCITEMENT. The condition of human male or female genitals when in a state of sexual stimulation.
"(7) SEXUAL INTERCOURSE. Intercourse, real or simulated, whether genital-genital, oral-genital, anal-genital or oral-anal, whether between persons of the same or opposite sex or between a human and an animal.
"(8) MASTURBATION. Manipulation, by hand or instrument, of the human genitals, whether one's own or another's for the purpose of sexual stimulation.
"(9) OTHER SEXUAL CONDUCT. Any touching of the genitals, pubic areas or buttocks of the human male or female, or the breasts of the female, whether alone or between members of the same or opposite sex or between humans and animals in an act of apparent sexual stimulation or gratification.
"(10) BREAST NUDITY. The lewd showing of the post-pubertal human female breasts below a point immediately above the top of the areola.
"(11) GENITAL NUDITY. The lewd showing of the genitals or pubic area.
"(12) MATTER. Any book, magazine, newspaper, or other printed material, or any picture, photograph, motion picture, video cassette, tape, record, digital video disc (DVD), video compilation, or electronic depiction in a comparable format, or an image, file, download, or other content stored, or reproduced by using a computer or electronic device or other digital storage, or any other thing, articles, or materials that either are or contain a photographic or other visual depiction of a live act, performance, or event.
"(13) OBSCENE. a. When used to describe any matter that contains a visual reproduction of breast nudity, such term means matter that:
"1. Applying contemporary local community standards, on the whole, appeals to the prurient interest; and
"2. Is patently offensive; and
"3. On the whole, lacks serious literary, artistic, political or scientific value.
"b. When used to describe matter that is a depiction of an act of sado-masochistic abuse, sexual intercourse, sexual excitement, masturbation, genital nudity, or other sexual conduct, such term means matter containing such a visual reproduction that itself lacks serious literary, artistic, political or scientific value.
"(14) LOCAL COMMUNITY. The judicial circuit in which the indictment is brought.
"(15) VISUAL DEPICTION. A portrayal, representation, illustration, image, likeness, or other thing that creates a sensory impression, whether an original, duplicate, or reproduction.
"(16) SEPARATE OFFENSE. The depiction of an individual less than 17 years of age that violates this division shall constitute a separate offense for each single visual depiction.
§13A-12-191.
"Any person who shall knowingly disseminate or display publicly any obscene matter containing a visual depiction of a person under the age of 17 years engaged in any act of sado-masochistic abuse, sexual intercourse, sexual excitement, masturbation, breast nudity, genital nudity, or other sexual conduct shall beguilty of a Class B felony. punished as follows:
"(1) Any person 19 years of age or older who violates this section or who does not meet the criteria under subdivision (2), shall be guilty of a Class B felony.
"(2) Any person under 19 years of age who violates this section by dissemination or public display of obscene material depicting a person who is older than 12 years of age but under 17 years of age, shall be guilty of a Class A misdemeanor for the first offense and a Class D felony for the second or subsequent offense.
"(3) A person convicted under subdivision (2) shall be exempt from the requirements of the Alabama Sex Offender Registration and Community Notification Act upon the first and second offense, but shall be subject to the requirements of the Alabama Sex Offender Registration and Community Notification Act upon a third or subsequent offense.
§13A-12-192.
"(a) Any person who knowingly possesses with intent to disseminate any obscene matter that contains a visual depiction of a person under the age of 17 years engaged in any act of sado-masochistic abuse, sexual intercourse, sexual excitement, masturbation, breast nudity, genital nudity, or other sexual conduct shall be guilty of a Class B felony. Possession of three or more copies of the same visual depiction contained in obscene matter is prima facie evidence of possession with intent to disseminate the same.
"(b) Any person who knowingly possesses any obscene matter that contains a visual depiction of a person under the age of 17 years engaged in any act of sado-masochistic abuse, sexual intercourse, sexual excitement, masturbation, breast nudity, genital nudity, or other sexual conduct shall be guilty of a Class C felony."
Section 2. Although this bill would have as its purpose or effect the requirement of a new or increased expenditure of local funds, the bill is excluded from further requirements and application under Amendment 621, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, because the bill defines a new crime or amends the definition of an existing crime.
Section 3. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.
_______________________________________________________________________
SB179
By Senator Ward
RFD Judiciary
Rd 1 09-FEB-16
SYNOPSIS: Under existing law, it is a crime to disseminate, publicly display, possess, or possess with the intent to disseminate obscene materials containing visual depictions of persons under 17 years of age.
This bill would further clarify the definition of disseminate by removing the requirement of monetary consideration and would include in the definition sharing or trading such visual depictions.
This bill would include under the crime of possession of obscene materials containing visual depictions of persons under 17 years of age a visual depiction of breast nudity.
This bill would distinguish between adult and juvenile offenders for the offense of dissemination of obscene materials containing visual depictions of persons under 17 years of age and would provide different penalties for each.
This bill would exempt offenders under 19 years of age convicted of disseminating or publicly displaying obscene materials containing visual depictions of persons under 17 years of age from the requirements of the Alabama Sex Offender Registration and Community Notification Act on the first or second offense.
Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose.
The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment.
A BILL
TO BE ENTITLED
AN ACT
To amend Sections 13A-12-190, 13A-12-191, and 13A-12-192 of the Code of Alabama 1975, relating to disseminating, publicly displaying, possessing, or possessing with the intent to disseminate obscene materials containing visual depictions of persons under 17 years of age; to further define terms; to include under the crime of possession a visual depiction of breast nudity; to distinguish between adult and juvenile offenders for the crime of dissemination and to provide different penalties; to exempt offenders under 19 years of age convicted of disseminating or publicly displaying obscene materials from the requirements of the Alabama Sex Offender Registration and Community Notification Act on the first or second offense; and in connection therewith to have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Sections 13A-12-190, 13A-12-191, and 13A-12-192 of the Code of Alabama 1975, are amended to read as follows:
§13A-12-190.
"For the purposes of this division, the following terms shall have the meanings respectively ascribed to them by this section:
"(1) DISSEMINATE. To sell, lend
"(2) DISPLAY PUBLICLY. The exposing, placing, posting, exhibiting or in any fashion displaying in any location, whether public or private, an item in such a manner that it may be readily seen and its content or character distinguished by normal unaided vision viewing it from a public thoroughfare, depot or vehicle.
"(3) PUBLIC THOROUGHFARE, DEPOT or VEHICLE. Any street, highway, park, depot or transportation platform or other place, whether indoors or out, or any vehicle for public transportation, owned or operated by government, either directly or through a public corporation or authority, or owned or operated by any agency of public transportation that is designed for the use, enjoyment or transportation of the general public.
"(4) KNOWINGLY. A person knowingly disseminates or publicly displays obscene matter when the person knows the nature of the matter. A person knows the nature of the matter when either of the following circumstances exist:
"a. The person is aware of the character and content of the matter; or
"b. The person recklessly disregards circumstances suggesting the character and content of the matter.
"(5) SADO-MASOCHISTIC ABUSE. Such term means either of the following:
"a. Flagellation or torture, for the purpose of sexual stimulation, by or upon a person who is nude or clad in undergarments or in a revealing or bizarre costume; or
"b. The condition of a person who is nude or clad in undergarments or in a revealing or bizarre costume being fettered, bound or otherwise physically restrained for the purpose of sexual stimulation.
"(6) SEXUAL EXCITEMENT. The condition of human male or female genitals when in a state of sexual stimulation.
"(7) SEXUAL INTERCOURSE. Intercourse, real or simulated, whether genital-genital, oral-genital, anal-genital or oral-anal, whether between persons of the same or opposite sex or between a human and an animal.
"(8) MASTURBATION. Manipulation, by hand or instrument, of the human genitals, whether one's own or another's for the purpose of sexual stimulation.
"(9) OTHER SEXUAL CONDUCT. Any touching of the genitals, pubic areas or buttocks of the human male or female, or the breasts of the female, whether alone or between members of the same or opposite sex or between humans and animals in an act of apparent sexual stimulation or gratification.
"(10) BREAST NUDITY. The lewd showing of the post-pubertal human female breasts below a point immediately above the top of the areola.
"(11) GENITAL NUDITY. The lewd showing of the genitals or pubic area.
"(12) MATTER. Any book, magazine, newspaper, or other printed material, or any picture, photograph, motion picture, video cassette, tape, record, digital video disc (DVD), video compilation, or electronic depiction in a comparable format, or an image, file, download, or other content stored, or reproduced by using a computer or electronic device or other digital storage, or any other thing, articles, or materials that either are or contain a photographic or other visual depiction of a live act, performance, or event.
"(13) OBSCENE. a. When used to describe any matter that contains a visual reproduction of breast nudity, such term means matter that:
"1. Applying contemporary local community standards, on the whole, appeals to the prurient interest; and
"2. Is patently offensive; and
"3. On the whole, lacks serious literary, artistic, political or scientific value.
"b. When used to describe matter that is a depiction of an act of sado-masochistic abuse, sexual intercourse, sexual excitement, masturbation, genital nudity, or other sexual conduct, such term means matter containing such a visual reproduction that itself lacks serious literary, artistic, political or scientific value.
"(14) LOCAL COMMUNITY. The judicial circuit in which the indictment is brought.
"(15) VISUAL DEPICTION. A portrayal, representation, illustration, image, likeness, or other thing that creates a sensory impression, whether an original, duplicate, or reproduction.
"(16) SEPARATE OFFENSE. The depiction of an individual less than 17 years of age that violates this division shall constitute a separate offense for each single visual depiction.
§13A-12-191.
"Any person who shall knowingly disseminate or display publicly any obscene matter containing a visual depiction of a person under the age of 17 years engaged in any act of sado-masochistic abuse, sexual intercourse, sexual excitement, masturbation, breast nudity, genital nudity, or other sexual conduct shall be
"(1) Any person 19 years of age or older who violates this section or who does not meet the criteria under subdivision (2), shall be guilty of a Class B felony.
"(2) Any person under 19 years of age who violates this section by dissemination or public display of obscene material depicting a person who is older than 12 years of age but under 17 years of age, shall be guilty of a Class A misdemeanor for the first offense and a Class D felony for the second or subsequent offense.
"(3) A person convicted under subdivision (2) shall be exempt from the requirements of the Alabama Sex Offender Registration and Community Notification Act upon the first and second offense, but shall be subject to the requirements of the Alabama Sex Offender Registration and Community Notification Act upon a third or subsequent offense.
§13A-12-192.
"(a) Any person who knowingly possesses with intent to disseminate any obscene matter that contains a visual depiction of a person under the age of 17 years engaged in any act of sado-masochistic abuse, sexual intercourse, sexual excitement, masturbation, breast nudity, genital nudity, or other sexual conduct shall be guilty of a Class B felony. Possession of three or more copies of the same visual depiction contained in obscene matter is prima facie evidence of possession with intent to disseminate the same.
"(b) Any person who knowingly possesses any obscene matter that contains a visual depiction of a person under the age of 17 years engaged in any act of sado-masochistic abuse, sexual intercourse, sexual excitement, masturbation, breast nudity, genital nudity, or other sexual conduct shall be guilty of a Class C felony."
Section 2. Although this bill would have as its purpose or effect the requirement of a new or increased expenditure of local funds, the bill is excluded from further requirements and application under Amendment 621, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, because the bill defines a new crime or amends the definition of an existing crime.
Section 3. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.
Wednesday, July 31, 2013
Anniston PD reminds us that teen sexting is a Class A Felony. How quaint!
Don't forget, teens, if you take a naughty pic of yourself and send it to someone, you're a kiddie porn producer, and we will give as much time as a murderer. Yee-haw!
http://blog.al.com/east-alabama/2013/07/anniston_police_speaking_out_o.html
Anniston Police speaking out on dangers of sexting following teen girl photo case
By William Thornton | wthornton@al.com
on July 26, 2013 at 9:34 AM, updated July 26, 2013 at 4:14 PM
ANNISTON, Alabama -- Anniston Police officials are speaking out about the dangers of "sexting" as they investigate a case involving a girl sending a nude photo of herself in text messages to friends.
Sgt. Chris Sparks said police learned about the case after the mother of a "very young teenage girl" reported the incident on Tuesday.
Police believe a teenage girl sent a nude photo of herself to friends sometime in May or June. Those friends, in turn, sent the photo to others.
"It's still being downloaded," Sparks said. "There's no telling how many people have seen it now."
Police are still investigating the case. Sparks said parents and children need to be aware of the ramifications of sexting. Besides potential embarrassment, the photo may "follow" them as they look for a job, he said. Parents should be interested in what their children are doing with their phones, understanding that "privacy ends as soon as you hit send.
"Once you send that image, you're disseminating child pornography, and that's a class A felony, the same as some violent offenses," he said. "If a person was convicted, they would have to register as a sex offender."
http://blog.al.com/east-alabama/2013/07/anniston_police_speaking_out_o.html
Anniston Police speaking out on dangers of sexting following teen girl photo case
By William Thornton | wthornton@al.com
on July 26, 2013 at 9:34 AM, updated July 26, 2013 at 4:14 PM
ANNISTON, Alabama -- Anniston Police officials are speaking out about the dangers of "sexting" as they investigate a case involving a girl sending a nude photo of herself in text messages to friends.
Sgt. Chris Sparks said police learned about the case after the mother of a "very young teenage girl" reported the incident on Tuesday.
Police believe a teenage girl sent a nude photo of herself to friends sometime in May or June. Those friends, in turn, sent the photo to others.
"It's still being downloaded," Sparks said. "There's no telling how many people have seen it now."
Police are still investigating the case. Sparks said parents and children need to be aware of the ramifications of sexting. Besides potential embarrassment, the photo may "follow" them as they look for a job, he said. Parents should be interested in what their children are doing with their phones, understanding that "privacy ends as soon as you hit send.
"Once you send that image, you're disseminating child pornography, and that's a class A felony, the same as some violent offenses," he said. "If a person was convicted, they would have to register as a sex offender."
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