Teen Sexting Prosecutions Expose Harsh Gap In N.C. Law

Editor’s note: This article appears in the February 2017 edition of North Carolina Lawyer and the December edition of the NCBA’s Juvenile Justice & Children’s Rights Section newsletter.

By LaToya B. Powell

Most parents today are warning their teenagers about the dangers of sharing sexually explicit images of themselves with others by cell phone or computer, also known as sexting. The behavior is not only inappropriate, but it also exposes teens to potential embarrassment, humiliation, and further victimization if the photos are disclosed to third parties without their consent. However, the potential harm caused by sexting goes far beyond the social stigma.

A growing number of teens in NC and across the nation are facing criminal charges for sexting. LaToya Powell, Teen “Sexting” is a Problem, But Is it a Crime?, NC Crim. Law Blog (Sept. 8, 2015, 8:29 AM), http://nccriminallaw.sog.unc.edu/teen-sexting-is-a-problem-but-is-it-a-crime/. Because the state does not have a sexting specific law, the conduct is typically prosecuted under laws prohibiting child pornography and obscenity. Id. These offenses carry severe penalties, including a permanent criminal record, sex offender registration, and imprisonment for up to 20 years for juveniles who are charged as adults.[1] Advocates argue that such harsh consequences are grossly disproportionate to the harm caused by consensual teen sexting and many states have created new laws to address the problem.

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Next Up For NCBA Membership Events: A March Madness-St. Patrick’s Day Mash-Up

By Josh McIntyre

On a chilly night in Durham last November, nearly 200 NCBA members and guests saw a side of President Kearns Davis that, until previously, only a handful of family members and the Duke football faithful might have known – that of Coach Kearns Davis.  The UNC vs. Duke football game last fall marked the first Member Event of this bar year, and as fans approached the tent, they were greeted with a slightly (25 years) younger life-size cutout of Davis from his days as an assistant Blue Devils coach in 1991. And while the archived picture was a surprise to Davis and his family, the popularity and success of this Member Event and others has come to be expected.

Since the formation of Member Events in 2015, nearly all experiences have been a sellout, including the 100 seats allotted for the Feb. 11 Charlotte Hornets vs. LA Clippers game. Member Events are designed to bring unique and high-demand educational and entertainment experiences at cost-conscious prices to NCBA members and guests. The next Member Event will be Irish I Were At March Madness! on St. Patrick’s Day, March 17, when all members are invited to view the live NCAA tournament games on our new HD widescreen projector in the auditorium at the Bar Center in Cary. The event, which will include complimentary beer from Lonerider Brewing,  is free for members and guests, but registration is required.

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Try Snapchat, and Three Other Resolutions For the Rest of 2017

By Erik Mazzone

Here we are a mere 60 days into 2017 and my many well-intentioned New Year’s resolutions are dead and buried with a fresh covering of rationalization and self-loathing.

I am wicked and weak.

Exercise, salad and watching less television are overrated, anyway, right?

Still, it’s a little depressing to chalk 2017 up to a total fail so early. There are probably some little things that I can resolve to do. Small changes and incremental improvements that have a chance of being sustainable. Things that might actually happen.

I am moderate and rational.

I’ve got my list of stuff to work on. If your resolutions have chalk outlines around them, as well, come on and join me with a few new ones of your own. Bonus points if they are useful or fun. We’ll call them our “almost new year’s resolutions.”

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