Cyber Bullying: Abusing Today’s Technology Can Have Unthinkable Consequences

As if gang raping the 15 year-old girl wasn’t bad enough, the three 16 year-old boys who  stand accused of committing the crime at a house party in Saratoga, California are also accused of taking pictures of the attack and then posting them online to share with their friends at school.

The victim, 15 year-old Audrie Pott, was so traumatized that she committed suicide. Now, her family intends to file a wrongful death lawsuit. This terrible tragedy brought unspeakable heartbreak to the young lady’s parents, agonizing grief to which anyone, especially a parent, can relate.

This extreme case once again illustrates what can happen when a person makes the snap decision to abuse today’s technology.  It’s incredibly easy for people today to record and disseminate any kind of pictures. Of course, the most concerning would be sexually explicit pictures, especially if there’s evidence of crime or photos of people who are underage. Not only are we all-too-frequently seeing stories about this in the news media but, as a practical matter, there has been an influx of these types of cases coming through the criminal justice system.

In Waukesha, we have seen a number of cases where teenagers think it’s funny to show pictures of young girls under the age of 18 in various stages of undress to their friends.  One person catches wind of it and doesn’t think it’s right and the matter is reported. Once the authorities get hold of the photos, those who posted them can be charged with possession of child pornography.

It’s a two-fold issue.  First, being in possession of such material is illegal. Secondly, there is the issue of the horrible impact circulating the pictures can have on the people in the pictures. We’re talking about a criminal matter than can have devastating personal consequences.

Technology is changing literally almost every day.  It’s an exponential explosion of information with the use of cell phones and digital cameras. In practically any situation, people can simultaneously disseminate these kinds of photos and all adults – parents, law enforcement, educators – need to ask ourselves, how do we combat this behavior? How do we teach kids right from wrong? How do we help them make smart decisions when the technology is so tempting and easy to use?

Again, abusing technology and the social media in this fashion, is an ongoing and emerging problem. But our young people really need to understand that it only takes one time for someone to contact law enforcement regarding a sexually explicit picture of an underage individual and now that young man or young woman is in possession of child pornography. If convicted, they face a mandatory prison sentence.

The fact that it’s so easy to take pictures in any given circumstance and then circulate them so rapidly, no matter how innocent the pictures might seem, is an incredible concern. This type of technology was not so readily available 10-15 years ago. Today, anyone can walk into a restroom, take photos of somebody, and then share them with the world in a matter of seconds.

As a parent, it’s scary that technology has taken such strides that reason and common sense cannot keep pace. People fail to just stop and think about the potential consequences, not only legally but with regard to the personal hurt and damage that can be inflicted. The impact is immediate and can last a lifetime. It’s especially hard to communicate this to youngsters who are so often bombarded with society’s messages to “live for today,” “please yourself,” and “if it feels good, do it.”

Don’t get me wrong. Today’s technology can be put to many excellent uses such as providing instant evidence in cases like the Boston Marathon bombings and other crime scenes. However, when people take sexually explicit photos which then go viral, the victim’s traumatization is severely compounded.  Tragically, some see taking their own life as the only way out.

One message that parents and teachers need to drive home with our kids is, first, don’t take that questionable picture. Secondly, if you receive that kind of photo from a friend or some other source, get rid of it immediately and, above all, do not disseminate the picture other people. If you have that gut feeling that the situation or taking the photo is not right, trust your instincts. Don’t do it.

Not only are people being charged criminally for this kind of activity, you need to consider the trauma and tragedy that can result from foolishly abusing today’s incredible technology.

About Attorney Mark Powers
Attorney Mark Powers is a partner at the criminal defense law firm of Huppertz & Powers, S.C. in Waukesha. Previously, Powers served as an Assistant District Attorney with the Waukesha County District Attorney's office and is currently serving as a municipal judge in North Prairie. He focuses in the area of criminal defense, and has handled many cases involving operating a motor vehicle while intoxicated, domestic disputes, and drug offenses.

Powers attended Valparaiso University School of Law, where he received his Juris Doctorate. Prior to law school, Mark attended the University of Wisconsin, Lacrosse where he received his bachelor of science in Political Science.

For more information, please call 262.549.5979 or visit www.waukeshacriminalattorneys.com.